logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2016.02.04 2015고단1972
사기
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On July 2013, the Defendant, at the house of the Sinju-si, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, operated the "H main point" in the Geumcheon-gu Seoul Special Metropolitan City G jointly with I, and operated the I's share jointly, the Defendant made a false statement that Sh's share acquisition price of KRW 30 million is investment.

However, in fact, the defendant did not have the above main points and did not operate it jointly with I, so even if he received the payment of KRW 30 million from the victims, he did not have the intention or ability to jointly operate the said main points.

The defendant is clear that the "2015...." written indictment from the victims is a clerical error.

8.5. A transfer was made to an I foreign exchange bank account in the name of 30 million won as the acquisition price of shares in the light of or under the name of the I.

Accordingly, the defendant deceivings victims to take the property by deceiving them.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The statement protocol of each police station against E, and the protocol of interrogation of the police officer against I;

1. Application of Acts and subordinate statutes to inquire into details of transactions, report on investigation (Attachment of details of transactions of a suspect I passbook), investigation report (investigation into DNA phone from a witness), investigation report (Investigation into a witness F phone from a witness);

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each fine for the selection of punishment (the fact that a person commits a mistake, has no previous conviction for the same kind of crime, has paid 15 million won to the victim F after the prosecution, and has agreed to do so smoothly with the victim E after the prosecution, and the victim E has accepted the defendant's crime and revoked the complaint, and the victims and the branch want to leave the vessel);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow