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(영문) 부산지방법원 2017.10.13 2016고단4805
사기
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 21, 2016, the defendant was sentenced to a two-year suspended sentence for six months of imprisonment for fraud in this court. The judgment became final and conclusive on April 29, 2016.

The Defendant introduced: (a) the victim D, and E, a stock company, one of the goods, “2 million won per person travel expenses; (b) 7-9 days from March 31, 2016 to April 8, 2016, which was operated by the Defendant, from the second floor of the building B located in Busan Central-gu, to the “C”; (c) the Defendant introduced the victim F who wished to travel with the introduction of the said E on February 12, 2016, to the effect that: (d) the victim D and E requested the European travel to the said travel; and (e) one of the goods to be administered by the said travel company; and (e) the victim G who agreed to travel with the introduction of the said D on February 12, 2016.

However, even if the defendant received travel expenses from the victims, he did not pay the above one, and was a plan to use the defendant for the repayment of the defendant's obligation.

On February 2, 2016, the Defendant, by deceiving the victims, received 6 million won in cash and 8 million won in total from the Defendant’s account deposit account under the pretext of four travel expenses, such as the victim D husband and wife, the victim E couple, etc. on February 2, 2016. On February 5, 2016, the Defendant was transferred 4 million won in the above account as travel expenses of the victim F husband and wife. On February 12, 2016, the Defendant was transferred 4.2 million won in cash to the above account as travel expenses of the victim F husband and wife.

Accordingly, the defendant acquired a total of KRW 16.2 million from victims on three occasions.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement made with respect to G, F, and D;

1. A complaint, a copy of a passbook, a consumer's contract, a receipt for transfer of the phone banking account, a receipt, and a criminal investigation report (netly 16);

1. Previous convictions in judgment: Inquiry about criminal history, text of judgment, and application of Acts and subordinate statutes (netly 14);

1. Article 347 (1) and 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (1) and 30 of the Criminal Act;

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39 Section 1.1.

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