logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2014.11.28 2013고단890
사기
Text

Defendant

B Imprisonment with prison labor of one year and six months, and Defendant A shall be punished by imprisonment with prison labor of eight months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

The Defendants were willing to acquire money from victims E as a crypt price.

On December 1, 2011, the Defendants stated that “the Defendant would supply the victim with the flame eight ton market price equivalent to KRW 200 million between December 1, 201 and June 30, 2012 to F operated by E” at a restaurant in which the trade name of the inside-gun, Chungcheongnam-gun, Chungcheongnam-gun is unknown.

However, in fact, even if the Defendants received the above payment from the victim, they did not have the intent or ability to supply the fireworks as agreed, and the Defendants planned to pay the Defendant B’s debt with the money received as above.

As above, the Defendants received 200 million won from the victim to the Defendant A’s hand-on passbook in the name of the Defendant.

In the end, the Defendants conspired to deceive the victim and acquired the property of the victim.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of witness E;

1. Some of the prosecutor's interrogation protocol against the Defendants

1. Investigation report (related toG interviews);

1. The fireworks contract and the custody certificate;

1. A copy of the certificate;

1. Investigative report (report attached to a written application for fish price), each detailed statement of fish price transactions, detailed statement of transactions, intermediary wholesaler's president, request for fish price, and catch in flowerss during a month;

1. Application of a detailed statement of passbook transactions and a copy of passbook;

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Determination as to the Defendants’ assertion of Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1)

1. Judgment on Defendant B’s assertion

A. Defendant B is the party who entered into a fireworks supply contract with the victim, and it is the party himself/herself to the above contract, so he/she does not acquire the price from the victim, since he/she supplied a considerable amount of flowers to the victim under the above contract.

The following circumstances, which are acknowledged by the evidence duly examined and adopted in this Court:

arrow