logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.05.18 2017고단5638
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 2017, the Defendant stated that “If the Defendant invests KRW 17 million in the sapap manufacturing business, he/she shall return the profits to the victim C by August, 201, and then he/she shall distribute the profits to 50:50.”

However, the defendant did not have the intention or ability to conduct the sap manufacturing business.

The defendant deceivings the victim as above and thereby is identical to the victim.

5. 10. The defendant was transferred KRW 17 million to the Agricultural Cooperative Account in the name of the defendant, which was operated under the pretext of investment in the manufacturing business of sapap.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to report on investigation (involving a complainant or telephone statement hearing);

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was subject to criminal punishment for various crimes in the past and is subject to criminal punishment for the same kind of crime.

However, in addition, the amount of defraudation of this case is relatively little, and the defendant shall be punished as ordered by taking into account the conditions of sentencing prescribed by Article 51 of the Criminal Act, such as the fact that the damaged person does not want the punishment of the defendant by agreement with the victim during the public trial of this case, and that the defendant reflects the defendant.

arrow