logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.02.04 2014고단1768
사기
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On August 13, 2013, the Defendant told the victim C to walk a telephone, and that “When D continues to receive it, it would also interfere with the next purchase and export business. The Defendant stated that “The amount of KRW 25.8 million is required to be exceeded, such as agreed money for D, attorney-at-law appointment, and penalty payment expenses.”

However, even if the defendant received money from the victim, the defendant did not intend to pay the money as agreed money for D.

Nevertheless, the Defendant received 25,80,000 won from the victim under the pretext of agreement for D on the same day.

2. On August 13, 2013, the Defendant stated that “The Defendant 5 million won was changed to be used as the vehicle price contract amount” by putting again a phone call to the victim at a closed land.

However, even if the defendant received money from the victim, he did not intend to use it as a used vehicle purchase fund.

Nevertheless, the Defendant received 5 million won from the victim as the price for the vehicle on the same day.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

1. Each legal statement of witness C and D;

1. Application of the police protocol law to C

1. Relevant provisions of criminal facts: Article 347 (1) of the Criminal Act;

1. Selection of a fine: Selection of a fine (agreement, amount of damage, circumstances of crimes, etc.);

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

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;

arrow