logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.09.16 2020고단3071
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2010, the Defendant told the victim B to the effect that “I will pay interest on two occasions a month and return the principal after one year from the loan office in the middle-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City).”

However, the operation of the loan office at the time was not smooth, and the defendant did not have any intention or ability to repay the loan office in time even if he borrowed money from the victim who did not have any other property or income.

Nevertheless, on March 17, 2010, the Defendant received a total of KRW 14.9 million from eight times until February 3, 2017, as shown in the separate crime list, from the time to February 3, 2017, a remittance of KRW 50 million under the name of the Defendant in the bank account (Account Number C) in the name of the Defendant in the name of the Defendant, from the victim.

Summary of Evidence

1. The legal statement of the witness B of “part” as stated in the Defendant’s judgment

1. A certificate of deposit or the details of deposit and withdrawal transactions in the police statement as to B, and the application of Acts and subordinate statutes governing credit information history;

1. Relevant Articles of the Criminal Act and Article 347(1) through 3 of the Criminal Act (Attached Table 1 to 3 inclusive, the title 5 to 8 inclusive, and the title 5 to 8 thereof) of the Criminal Act, each of the choice of imprisonment with prison labor

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

1. Reasons for sentencing of Article 62-2 of the Criminal Act on Probation under Article 62 (1) of the Suspension of Execution;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The range of recommendations according to the sentencing guidelines (decision of types) [the range of recommendations] shall be limited to fraud [the type 2], the amount of more than 100 million won, and the amount of less than 500 million won (the amount of special punishment] - If the amount of punishment is not granted or a significant damage has been recovered - Where a crime is committed repeatedly against, or over a considerable period of time against, an unspecified or large number of victims.

arrow