logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2017.02.07 2016고단1627
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On September 27, 2012, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the port branch of the Daegu District Court, and completed the execution of the sentence on May 18, 2014.

[2] The defendant defendant's criminal facts reveal that "D" operated by the victim C in the north-gu north-gu Seoul Metropolitan Area B is aware of the method to purchase the Gu interest to purchase the Gu interest at a higher price than that of the Si/Gun/Gu, and if the defendant delivered the money to the victim, he will purchase the Gu interest at a higher price.

“.....”

However, even if the defendant receives the amount from the victim, he did not have an intention or ability to provide the victim with the money by paying it to the female living together and using it as living expenses, etc., but he did not have an intention or ability to provide the money to the victim.

The Defendant, as such, by deceiving the victim, received a remittance of KRW 2,00,000 from the injured party under the pretext of the compensation from the injured party, and received a total of KRW 46,872,00 over 125 times, as shown in 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. A detailed statement of deposit transactions;

1. Previous convictions in the judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (Attachment to the judgment and confirmation of the date of release);

1. Article 347 (1) of the Criminal Act, and the choice of imprisonment, collectively, with prison labor, under Article 347 (1) of the Criminal Act;

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] is the reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of punishment] In general fraud (a period of less than KRW 100 million to a period of imprisonment), [a period of one year or two years and six months] [a person who is subject to special mitigation] where a person is not subject to punishment or whose considerable damage has been recovered for a considerable period of time / Where a person repeatedly commits a crime for a considerable period of time / the same repeated crime [a decision of punishment] where the defendant recognized the crime, thereby against the mistake, and

However, this case is a case in which 120 million won or more has been obtained repeatedly from the injured party for more than 10 months, and the amount corresponding to 50 million won has been acquired.

arrow