logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 제천지원 2019.01.31 2018고단416
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 1, 2017, the Defendant made a false statement to the effect that “AD’s personal debt was approximately KRW 50 million, and D’s personal debt was approximately KRW 20 million and from time to time borrowed money from other persons due to the aggravation of the state of operation, even though it had been invested in Thailand, the Defendant did not have any intent or ability to pay the money from the other persons.” The Defendant made a false statement to the effect that “A D is operating a travel agency in Thailand, and if I lend KRW 10 million, I would have to pay the money to the Defendant up to September 25, 2017, if I borrowed money from other persons.”

The Defendant received KRW 10 million from the victim to the F account (G) in the name of the Defendant on the same day, and from around that day to December 21, 2017, the Defendant received KRW 31,90,000,000 from the victims in total four times as indicated in the attached crime list.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, H and I;

1. A copy of each passbook, details of account transactions, and a certificate of borrowing;

1. Three copies of a report on investigation (a copy of a bankbook in the name of the suspect), and of a bankbook;

1. One copy of investigation report (Attachment to Details of transactions in the account of a suspect), c.

1. Two copies of a report on investigation (related to transactions with the E) and account transactions;

1. A report on investigation (related to details of transactions with H) and a specification of transactions, and four copies of each account transaction;

1. Application of Acts and subordinate statutes to a criminal investigation report (the complainant and the submission of suspect details of transactions), a loan certificate, and a copy of passbook transaction;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of recommendation types according to the sentencing criteria and the basic area of less than 100 million won shall be sentenced to imprisonment; and

arrow