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(영문) 대구지방법원 서부지원 2015.06.04 2015고단438
사기
Text

Defendant shall be punished by a fine of 7,000,000.

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

Reasons

Punishment of the crime

On April 23, 2014, the Defendant supplied the victim with the amount equivalent to KRW 2,50,000,000,000 to the other 500,000,000 from the victim’s place of work, other than the victim D’s place of work in the Seongbuk-gun, Seongbuk-gun, the Defendant called “on credit, if you supply the outside, the outside shall be paid immediately.”

In addition, the Defendant received, at the above place, the amount equivalent to KRW 3.5 million (3.5 million) from the victim’s 70 gambling market on April 29, 2014; KRW 3 million (3.0 million); and KRW 1.4 million (1.4 million) from the victim’s 28 gambling market on May 7, 2014.

However, in fact, the Defendant was not able to pay off the goods from the victim normally, and the obligation was accumulated, such as the overdue payment of the cargo vehicle used by the Defendant for selling off the goods. Since the amount of off-the-counter sales was not properly paid, there was no intention or ability to pay the amount normally even if the Defendant was supplied with the goods from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received the total amount of KRW 10,44 million from the victim’s 208 gambling market.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of the police statement law to D;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was sentenced to imprisonment for a different type of crime and again commits the crime of this case during the repeated crime period.

However, the defendant's confession and reflects a crime, and the defendant can not pay the extra money from the beginning to the time, not intentionally deceiving the victim.

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