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(영문) 창원지방법원 진주지원 2015.08.26 2014고단1141
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 13, 2012, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for fraud, etc. at the Changwon District Court on July 13, 2012, and the judgment became final and conclusive on July 21, 2012.

On March 2, 2011, the Defendant stated, “Around March 2, 2011, the Defendant would make payments to the victim D at the due date when the discount of the bill is made,” to the victim D.

However, the Defendant, at the time of the settlement of the bill, issued the bill for C operation, discounted by issuing it again for the settlement of the bill, and settled the bill at discount of another bill at the time of the settlement of the bill, or extended the due date for the bill immediately after the settlement of the bill, etc., and there was no conviction that the bill will not be settled on the due date, or that it may be paid on the due date, even if the bill is discounted by the victim.

Nevertheless, the Defendant deceivings the victim as if the above bill would be settled normally, and transferred the discounted amount of KRW 34.2 million at the face value of KRW 35 million from the victim to the Defendant’s parent-friendly EF’s account. On March 15, 2011, the Defendant transferred the discounted amount of KRW 78.3 million at the face value of KRW 80 million to the said EF’s new bank account. On March 15, 2011.

Accordingly, the Defendant, by deceiving the victim, received a total of KRW 112,500,000 from two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (investigation into the economic situation at the time of issuance of a suspect's note), investigation report (report accompanied by attached details of account transactions by A, the NongHyup Bank, and the Nonghyup Bank (related to the current account transactions);

1. Details of deposits and withdrawal, defaulted bills, certificates of money borrowed, and statements on transactions in free savings;

1. Previous records of judgment: A inquiry report on criminal records, etc., previous records of disposition, results of confirmation, and application of Acts and subordinate statutes of the judgment;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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