logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2014.03.27 2013고단4767
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around July 2010, the Defendant made a false statement to the victim D's house located in Daejeon Dong-gu, Daejeon, 604 Dong-gu, 403, that "if the Defendant operated the domestic head office and the operating fund is insufficient, it would be repaid after 1 to 2 months if the Defendant borrowed 7 million won."

However, even if the Defendant borrowed money from the victim, he was expected to use it for the repayment of his existing obligation, and there was no intention or ability to repay the victim's borrowed money due to the lack of any import because of the difficulties in the operation of the Defendant's office and the singing room operated thereafter.

The Defendant, as such, by deceiving the victim and receiving KRW 7 million in cash from the victim on the same day, received total of KRW 176,050,000 from around 76 times until January 7, 2013, as shown in the list of offenses.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each protocol of the police interrogation of the accused (including cross-examination);

1. Statement of the police statement regarding D (including attached materials);

1. Investigative reports (Attachment to a detailed statement of suspect banking transactions);

1. Application of Acts and subordinate statutes of confirmation certificate;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Among concurrent offenders, the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of committing the crime, and circumstances after committing the crime, shall be determined as ordered in full view of the following factors: (a) partial damage was recovered from the grounds for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act; and (b) the primary offender

It is so decided as per Disposition for the above reasons.

arrow