(영문) 대구지방법원 2018.04.27 2017고단6438

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2018.04.27 2017고단6438

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around April 27, 2009, invested KRW 2 billion in the “E” office operated by the victims of high school friendly sexual intercourse with a high school in Seongbuk-gu, Seongbuk-gu, Sungnam-si, Seoul.

The amount of money to be used for the business as the reserve fund for the business is insufficient. The settlement may be made in the following month.

The phrase “ makes a false statement.”

However, even if the defendant received the borrowed money from the injured party, he did not think that it would be used as the school expense of his father studying abroad in Singapore, but did not think that it would not be used as the fund for business preparation, and there was no intention or ability to repay the borrowed money to the injured party after the month.

Around April 29, 2009, the Defendant, by deceiving the victim, was transferred KRW 28.5 million to the Daegu Bank account in the name of the Defendant’s birth, from the victim, to the Daegu Bank account in the name of the Defendant’s birth.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the defendant (including the whole part to D);

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes concerning filing of a complaint and receipt of remittance confirmation;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) the Defendant committed the instant crime by taking advantage of the pro-Japanese who is a high school head; (b) the Defendant reflects the Defendant; (c) the Defendant endeavored to recover damage; (d) the Defendant was not guilty of a fine exceeding the fine; and (e) the Defendant’s age, sex, environment, motive of the crime, and circumstances after the commission of the crime, etc.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제347조 제1항

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