logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.04.26 2017고단7127
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 2, 2016, the Defendant: (a) around 2, 2016, the victim E entered the level of KRW 180,000,00,000 to acquire and repair the dead saf or building in Seoul Special Metropolitan City, Seoul Special Metropolitan City D Do; and (b) the Defendant operated the safinium in this safin

“A false representation was made.”

However, the above-mentioned friendship is not reported, and the defendant had no intention or ability to operate the above-mentioned friendship normally due to the lack of ability to pay public charges such as electricity, etc. as bad credit standing at the time.

The Defendant received KRW 5,00,000 from the injured party under the name of the security deposit for the operation of the e-mail station in Korea and from the injured party, and received KRW 23,500,000 as security deposit for service three times in total as shown in the list of crimes in the attached Table.

Accordingly, the defendant was delivered property by deceiving the victims.

Summary of Evidence

1. Statement of the defendant in the second public trial protocol;

1. Statement made by the police for E;

1. Investigation report (to hear statements from complainant F and complainants);

1. Application of three copies of a commercial service contract, details of remittance of accounts, two copies of a real estate lease contract, and Acts and subordinate statutes governing certified copies of register;

1. Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act as to the facts constituting an offense, and the choice of imprisonment;

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

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 recommending punishment] There is no basic area (from June to one year and six months) (the person subject to special sentencing) of Type 1 (the period of less than KRW 100 million) [Determination of sentence] - favorable circumstances: The defendant is a criminal act that occurred in the course of operating the actual friendship, not a planned crime; the defendant is not a planned crime; disadvantageous circumstances: the defendant has the power of being sentenced to suspended sentence for the same criminal offense on June 18, 2009; the damage was not recovered; the victims did not agree with the victims; all other factors of sentencing including the above circumstances and the amount of damage are reviewed as a whole.

arrow