logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.10.28 2015고단5214
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around November 17, 2010, the Defendant: (a) around November 17, 2010, in the Defendant’s operation of the Defendant located in Yeonsu-gu Incheon Metropolitan City, the victim D made a false statement to the victim D that “The head of the E Farming Corporation, the head of which is the head of the E Farming Corporation located in the right line in Gangwon-do. There are seven listed directors of the E Farming Corporation; (b) one of them intends to be omitted; and (c) if one of them is opened with E’s brand, he/she can enter the listed directors and enter the E brand, thereby smooth and smooth supply may be received. To join the membership, the Defendant made a false statement to the effect that the Defendant

However, in fact, there was no member fee of the E Farming Corporation, and the defendant was thought to use it as C operating expenses by receiving money from the victim.

The Defendant, by deceiving the victim as above, was transferred KRW 25 million from the victim to the account in the name of F, the wife of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to accusation forms, each of the partnership contracts, recording books, text records, transfer certificates, and copies of bankbooks;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general fraud category 1 (less than KRW 100 million) and the basic area (not less than six months to one year and six months) (no special person);

2. Determination of sentence: (a) the Defendant recognized the instant offense; (b) the Defendant paid KRW 15 million out of the amount of damage; (c) the Defendant paid the amount of KRW 25 million out of the same amount of damage; (d) the Defendant has no criminal records of the same kind and suspended execution; (b) the Defendant has no agreement with the victim under favorable circumstances; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant offense; and (d) the circumstances after the instant offense, etc. shall be determined by the sentence

arrow