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(영문) 창원지방법원 통영지원 2013.10.08 2013고단504
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant pays 16 million won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On December 27, 2012, the Defendant: (a) stated that “The Defendant shall pay the principal and interest within six months if he/she had worked in the Republic of Korea; (b) he/she received a loan from the purchase fund of apartment buildings and borrowed money; and (c) received a transfer of KRW 10,700,000 from the victim to the Agricultural Cooperative D’s account in the name of the Defendant from December 27, 2012.

However, in fact, the Defendant did not have worked for C as a person without a certain occupation, and was planned to consume the above KRW 10,700,000 as entertainment expenses, etc., so there was no intention or ability to repay to the victim even if he received money from the victim from the beginning.

Nevertheless, as seen above, the Defendant, as well as the Defendant, by deceiving the victim, received KRW 10,700,000 from the victim. From December 22, 2012 to February 1, 2013, the Defendant received total of KRW 16,090,000 in total over 16 times as shown in the crime list as shown in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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

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

1. According to the sentencing guidelines for sentencing of Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning Compensation Orders and Declarations of Provisional Execution (an order of compensation for 16 million won, for which an applicant for compensation order seeks compensation) the Defendant is recommended to be sentenced to six months to one year and six months (no special person shall be sentenced). The Defendant acquired money through several occasions through personal trust of the victim for the purpose of defrauding money, and was for entertainment expenses, etc.; the Defendant had a record of being punished by a fine for a similar crime; and the Defendant did not recover from damage; and the Defendant considered the sentencing factors disadvantageous to the Defendant.

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