logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 광주지방법원 해남지원 2015.11.19 2015고단426
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is aware of the relationship between the victim B and the victim for at least 20 years.

On February 2014, the Defendant called, “Seongdo Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do.” On the same month of the same month, the Defendant Do Do Do Do Do na Do Do Do na Do Do Do na Do Do na Do Do Do Do na Do na Do Do na Do Do Do na Do Do na Do Do na Do na Do Do na Do na Do

However, even if the defendant receives money from the victim, he did not have the intention or ability to engage in the red sea farming business.

In addition to receiving KRW 10 million from July 3, 2014 to February 25, 2015, the Defendant, by deceiving the victim as such, obtained KRW 42,620,00 in the name of operating expenses for the aquaculture, such as feed and electricity charges, etc. from July 3, 2014 to receive KRW 52,620,00 in total from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Account transactions statement and text messages;

1. Application of recorded CD-related Acts and subordinate statutes;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively taking into account, the grounds for sentencing of imprisonment) concerning the crime;

1. Application of the sentencing criteria (the scope of recommending punishment) general frauds and the basic area (six months to one year and six months) (no special person) of the sentencing criteria;

2. The fact that the defendant's decision of sentencing is against the defendant, and that there is no criminal record of the same kind of crime is favorable to the defendant.

However, the total amount of damage caused by the instant crime is not high, the victim is seeking a strict punishment against the defendant, and all of the sentencing conditions, such as the background leading to the instant crime, the personal relationship between the defendant and the victim, the method of the crime, and the degree of recovery of damage, etc.

arrow