logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.01.08 2015고단1282
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 25, 2013, the Defendant would pay the amount of money in accordance with the successful bid number if the Defendant subscribed to the D main points located in the Northern-gu, Ulsan-si, Seoul-si, to the victim E (10 members of the fraternity operated within the country and 20 million won) on the 25th day.

The phrase “ makes a false statement.”

However, at the time, the Defendant was liable for the total amount of KRW 969,000,00,000, such as loan and bond, and as a result, the Defendant was liable for the interest liability amounting to KRW 8,500,000 per month. Therefore, even if the Defendant was given a normal payment from the members including the victim, it was thought that the Defendant would consume it for personal purposes such as the payment of the above obligation and living expenses, and there was no intent and ability to pay the fraternity to the victim.

Nevertheless, the Defendant received KRW 408,00 from the injured party in the same place, and received KRW 43,520,000 from the same day to July 25, 2014, a total of KRW 3 to 43,520,00 from the same day.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. The details of filing of a complaint, the list of personal liabilities, and the details of payments on the 21-day fraternity, the list of 25-day fraternitys and the details of payments, the details of transactions on self-reliance deposits, the detailed statement of transactions on each ordinary deposit, the summary statement, and the list of free deposits of enterprises;

1. Each report on internal investigation:

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] There is no basic area (6 months to one year and six months) of Class 1 (less than KRW 100 million) [the person subject to special sentencing] [decision of sentence] The defendant is against himself/herself while committing a crime, the first offender is the first offender, and the victim does not want the punishment against the defendant by agreement with the victim.

arrow