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(영문) 부산지방법원 2013.03.28 2013고단267
사기
Text

In the case of the crimes Nos. 1 in the annexed list of crimes in which the defendant's decision is made, the annexed list of crimes in the judgment shall be set forth in one month.

Reasons

Punishment of the crime

On April 27, 2012, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for fraud at the Busan District Court on April 27, 2012, and the above judgment was finalized on May 5, 2012.

On April 20, 2012, the Defendant stated that “Around April 20, 2012, the Defendant served in the “S” coffee store located in the Busan-gu, Busan-do, that “Isk's headquarters retirement pension team” was in operation of the project in Busan-do, and that if the entire team invests KRW 500,000,000,000,000,000 won will be returned within a week.”

However, at the time of fact, the defendant did not have worked in future deposit and invested in mixed stocks and futures option derivatives and did not have any intent or ability to pay profits even if he received money from the victim in a state of loss of 60 million won.

Nevertheless, the Defendant received KRW 500,000 from the victim on the same day and received KRW 8,80,000 from that day to June 20, 2012 in total by the same six times as indicated in the annexed crime list, including the remittance of KRW 500,000 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the defendant in the first protocol of trial;

1. Police suspect interrogation protocol of the accused;

1. Statement of the police officer against U or T;

1. A complaint;

1. A copy of a loan certificate, certificate of personal seal impression, or certificate of commitment performance;

1. Certificates of details of deposit transactions;

1. Previous convictions: Application of criminal records and investigation reports (verification during the period of suspension of execution of sentence, attachment of written judgments, etc.);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The latter part of Articles 37 and 39(1) of the Criminal Act dealing with concurrent crimes (any crime listed in the annexed Table No. 1 at the time of sale and any crime of fraud in which judgment has become final and conclusive);

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 (Mutual Crimes No. 2 or No. 6 in the List of Crimes) of the Criminal Act, even though the defendant was sentenced to suspended sentence for the same crime, part of the crimes in this case during the grace period.

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