logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 창원지방법원 진주지원 2013.12.18 2013고정578
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 13, 2010, the Defendant received a summary order of KRW 700,000 as a fine for an injury, from the Jinwon District Court’s Jinju Branch on June 12, 2010, which became final and conclusive on June 12, 201, and on October 11, 2010, issued a summary order of KRW 3 million as an injury offense, etc. on which the above summary order became final and conclusive on November 2, 2010.

After that, the defendant did not pay the above fine, and on January 4, 2012, the defendant was brought into custody by the warrant of execution of punishment at the jurisdiction of the branch office of the Changwon District Prosecutors' Office.

On January 4, 2012, the Defendant made a false statement that “The Defendant would lend 3,580,000 won, which was already paid, to the victim D, at the jurisdiction of the Jin-si, Jin-dong District Prosecutors’ Office 99, Jin-si, Jin-si, Seoul, and that “The Defendant would have paid the said money immediately if he/she had sold the house.” The Defendant would have paid the money transferred up to the money transferred up to April 17, 2012.”

However, there was no property owned by the defendant, and since the house was owned by the defendant, it was not owned by the defendant, there was no authority to do so, and the defendant did not have the ability to repay the above KRW 3,580,000 until the due date.

The Defendant, as such, by deceiving the victim, received 3.58 thousand won from the victim’s seat.

Summary of Evidence

1. Witnesses D and each legal statement in P;

1. The defendant's partial statement in each police interrogation protocol against the defendant;

1. Each police protocol of statement of D, P, and Q;

1. A complaint filed in D;

1. The receipt of each fine, the details of the transfer account, and the certificate of borrowed money;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a judgment);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow