logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2015.06.08 2015고단316
사기
Text

Defendant shall be punished by a fine of three million won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 15, 2015, the Defendant was sentenced to imprisonment with prison labor for 10 months for fraud, occupational embezzlement, etc. at the Suwon District Court, and the judgment became final and conclusive on the 19th of the same month.

Around June 20, 2011, the Defendant called the victim D at the Defendant’s residence located in Suwon-si, Suwon-si, and called the victim D to the same effect on the 20th day of June, 2011, “the need for supply. It is necessary to lend the money to repay the accounts within 2-3 months,” and around the 22th day of the same month, the Defendant called the victim from the “F of the General Law Office of Incheon Southern-gu E

However, the Defendant, at the time, was in excess of the personal obligation equivalent to KRW 230 million and the obligation to pay interest equivalent to KRW 3 million per month. Therefore, even if the Defendant borrowed money from the victim, he did not have any intent or ability to repay the money.

Accordingly, the Defendant, as such, deceiving the victim and deceiving it from the victim, amounting to five million won around June 22, 201, and the same year.

7.6.5 million won, and the same year.

7. On 14.2 million won, a total of 7.5 million won was remitted to the Defendant’s national bank account, respectively, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint;

1. Details of transactions;

1. Previous records of judgment: Criminal records and investigation reports (verification of the same kind of records and attachment of judgment, such as the same kind of records);

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act (the crimes in this case and the previous convictions and judgments sentenced to one year of imprisonment);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: equity in the case of a judgment at the same time with a criminal record in concurrent crimes under the latter part of Article 37 of the Criminal Act and agreed with the victim.

arrow