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(영문) 대구지방법원 2015.08.20 2015고단3018
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 24, 2014, the Defendant was sentenced to three years of suspension of the execution of imprisonment for one year for fraud in the Suwon District Court’s Ansan Branch, and the said judgment became final and conclusive on February 4, 2014, and is currently in the grace period.

On December 4, 2014, the Defendant posted a letter that “I will sell Add's new job” in the middle and long-term studio in the studio located in the Gyeongbuk-si, Gyeongbuk-si, Gyeongbuk-si, and reported it to the victim D who contacted with the Defendant and sent the money first to the victim D.

However, there was no intention or ability to send things even if they receive money because the defendant did not have a physical exercise.

As above, the Defendant, by deceiving the victim, received 111,00 won in total from the victim to the new bank account (E) in the name of the Defendant on the same day as the purchase price for physical exercise from the victim, and received 6,276,000 won in total over 46 times from that time to January 16, 2015, as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement (including copies) of G, H, I, J, K, L, M, N,O, P, Q, R and S;

1. Details of each account, list of crimes (at least the list of evidence Nos 58,65), investigation report (matters modified to the list of crimes);

1. Previous convictions: References to criminal records, written judgments, and application of Acts and subordinate statutes of the case inquiry;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] is the aggravated area (one to two years and six months) of category 1 (the amount less than 100 million won) of the Criminal Act (one to two years and six months) [a person under a special relationship], where the defendant committed the crime against an unspecified number of unspecified victims or repeatedly for a considerable period (a decision of sentencing], and the crime of fraud of this case under the same Act against many unspecified victims.

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