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(영문) 수원지방법원 2016.08.18 2016고단1445
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant, from around 1990, engaged in the distribution business of agricultural products, such as drilling, etc.

From around 2012, since the price of agricultural products does not fall away from the market price of agricultural products, the victim C, who was aware of the fact that the business fund falls short of the business fund, was willing to borrow money.

Around July 2013, the Defendant told C of the victim who was aware of his reputation, that “the price of agricultural products is to increase, etc. by facing his seat,” and rejected the Defendant’s refusal to the effect that there is no adequate amount of money that the victim is in his/her possession and it is difficult for his/her married ceremony on December 201 of that year.” The Defendant again stated that “B may return the principal and the profits necessarily until December 2013, 2013, the principal and the profits may be returned.”

However, the fact that the price of agricultural products would be reduced was merely the defendant's confluence, and even if the defendant receives money from the injured party, he thought that the injured party would normally be able to use the money for gambling in the Gangseoland without the intention to return the money to the injured party, and even if he did not receive money from the injured party due to the lack of any property or income at the time, there was no intention or ability to make a change to the injured party.

Nevertheless, the Defendant, as seen above, obtained KRW 50 million from the injured party on July 18, 2013, 200,000,000 from the E-cafeteria located in Gangseo-gun, Gangwon-do on July 18, 2013 as well as from the injured party on a total of eight occasions, such as the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of account transactions;

1. Details of transactions with each suspect's account;

1. Application of Acts and subordinate statutes to a report on investigation (the result of tracking a check);

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act (the point of fraud) and the choice of imprisonment for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria (the recommended punishment);

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