logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2015.03.19 2015고단31
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 2, 2009, the Defendant made a false statement to the victim E at the office of the Ccab D, located in the Choan-gun, Jeonnam-gun, Mandong on December 2, 2009, stating that “If the articles would establish a corporation, they will register the articles as shareholders and directors when they establish a corporation with KRW 30 million, respectively, and would have the articles be operated for one of the nine cabs.”

However, in fact, the defendant was scheduled to pay the acquisition price of the cab with the money received by selling the cab to the cab engineer, and there was no other fund to take over the cab, so there was no intention or ability to allow the article to take over the cab and to operate the cab.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim E on December 7, 2009, and KRW 25 million around December 8, 2009 from the victim E, and received KRW 25 million from the Defendant’s new compromise account in the same manner between December 21, 2009 and then acquired KRW 18 million from 4 members, such as the victim E, etc., such as the written list of crimes, in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. - Receipts (G), - Certificate of Payment without passbooks (H), - Detailed Statement of Transactions (I), - Copy of passbooks (J), and - Copy of passbooks (K) shall apply to the legislation.

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crime: Type 2 (one hundred million won to five hundred million won) of the general fraud;

2. Determination of the scope of sentence: The lower limit of the scope of sentence shall be reduced by 1/3 according to the area of mitigation, and the method of dealing with the same kind of concurrent crimes for six months. Above

2. Two years and six months (A person who is subject to special mitigation: A person not subject to punishment)

3. The defendant's mistake as to whether the sentence has been pronounced or suspended.

arrow