logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2012.08.28 2011고단813
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 29, 2011, the Defendant made a false statement to the victim C that “I would pay four million won on the following day if I would have lent to the victim C,” in a restaurant where the trade name in the Pyeongtaek-dong-dong-dong-si, Namyang-si, Namyang-si.”

However, even if the defendant borrowed the above money from the victim, he did not have the intent or ability to repay it.

As such, the Defendant, by deceiving the victim, received 4 million won from the victim as the borrowed money on or around the 30th day of the same month, and fraudulently acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement C to the Acts and subordinate statutes containing some statements;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The range of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: the application of the sentencing guidelines (the type according to the sentencing guidelines) for imprisonment for not more than ten years (the sentencing guidelines) (the sentencing guidelines) shall be mitigated [the range of the punishment by imprisonment for a period of not more than 10 million won] [the range of the punishment by recommendation] [the amount obtained by deceiving the accused from January to one year, the amount of deception is relatively small, the degree of deception is weak, and all other circumstances shown in the pleadings are considered, and the punishment by

Division of Non-Offense

1. Of the facts charged in the instant case, the summary of the part concerning the fraud of the price of goods among the facts charged is as follows: (a) the Defendant appears to have a debt relationship between “E” located in Namyang-si, Namyang-si, 201; (b) the victim C and the Defendant deemed to have a debt relationship between the victim C and the Defendant; and (c) the Defendant is likely to not pay the victim an excessive amount due to such debt relationship so that the Defendant would not deliver the Defendant with an excessive amount to the Defendant; (d) the victim’s defect in order to not deliver the Defendant with an excessive amount; (e) the victim did not have any outstanding amount to the Defendant.

arrow