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(영문) 광주지방법원 순천지원 2018.07.18 2018고단677 (1)
사기등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Co-Defendant B and the Defendant on November 24, 2017, at the studio parking lot in Scheon-si, Seocheon-si, the victim C, “In order to work as an employee at the studio store, it is necessary to pay money, and there is no money to pay a mobile phone fee.

First of all, 3 million won will be paid with a face-to-face payment.

“A false statement was made to the effect that it was “.”

However, in fact, the co-defendant B and the defendant did not have the intention or ability to repay the amount to the victim with the intention to pay the amount in advance at the main point operated by the victim.

Co-defendant B and the Defendant received a total of KRW 2 million from the person who deceivings the victim as such, to transfer KRW 4 million to the community credit cooperative account of Co-Defendant B on November 24, 2017 and KRW 6 million from the same account on November 27, 2017.

Accordingly, the joint defendants B and the defendant conspired to deceive the victim and take the property by deceiving the victim.

Summary of Evidence

1. Joint Defendant B’s legal statement

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A certificate of confirmation of transfer;

1. Application of Acts and subordinate statutes to the fairness certificate of each contract for lending and borrowing of money;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the selection of fines for the crime;

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

1. Determination of punishment as ordered in light of various sentencing conditions, such as the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the amount of damage caused by fraud and the profits actually acquired by the defendant, favorable circumstances such as the defendant's reflection of the defendant's mistake, etc., the defendant's previous conviction is identical to the defendant, the damage was not recovered, and the injured person wants punishment against the defendant, and other unfavorable circumstances, such as age, family environment, motive and circumstance of the crime, the degree of participation in the crime, and circumstances after the crime, etc.

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