logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2018.07.18 2016고단2372
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 16, 2015, the Defendant called the victim D, who was detained by son due to fraud, etc. at the Defendant’s house at the Defendant’s office, and asked the victim D to exempt 60 million won from the remainder of the debt if she wanted to reach an agreement with the E son.

The agreement shall be transferred to E and the agreement shall be accepted.

E It means to the purport that the remittance to the head of the Tong would be made to E, because it is impossible to remit to the head of the Tong, and this day was transferred to the Defendant’s bank account in the name of the Defendant, with KRW 10 million, and KRW 50 million,00,000,000 to the Defendant’s wife FF Agricultural Account on September 18, 2015.

However, in fact, E did not make the above remarks, and the victim's money received also intended to use it for the defendant's purpose rather than delivering it to E.

Accordingly, the defendant deceivings the victim and defrauds the above 60 million won.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made D in relation to the suspect interrogation protocol of the police against the defendant (second time, second time, and second time);

1. Statement of the police statement related to G;

1. Report of investigation (report in currency with the E), investigation report (report in currency with the E);

1. An investigation report (as to F.C. A.C. passbook), a detailed statement of deposit transactions, an investigation report (as to F.C. passbooks), and an inquiry of transaction details in F’s name, an investigation report (as to H and F passbooks transaction details), and an inquiry of liquidity transaction details, an investigation report (as to the account transfer transaction between a suspect and G);

1. Attachment of materials, such as recording records of DNA submission;

1. A certificate of deposit verification;

1. One copy of each letter of confirmation of completion, written agreement, and withdrawal of complaint;

1. Application of one copy of the photograph of the mobile phone screen and photographs;

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

1. On the grounds of sentencing chosen to impose a sentence of imprisonment with prison labor, the court shall determine the same sentence as the order, taking into account the circumstances, including the defendant’s previous conviction, age, sex, home environment, motive and circumstances leading to the crime, and circumstances after the crime;

The favorable circumstances: The defendant has no previous convictions.

arrow