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(영문) 수원지방법원 2014.06.18 2014고정786
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 31, 2013, the Defendant was sentenced to a suspended sentence of one year for the crime of uttering of forged securities at the Suwon District Court sentenced to a suspended sentence of four months on June 8, 2013, and the judgment became final and conclusive on June 8, 2013. On June 29, 2009, the Defendant presented one copy of the “G” of the household check with five million won which is forged via E from the Dda bank located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and presented one copy of the “G” to the victim F through E as a collateral, and written objection on the back of the said check.

However, the above check was forged, and there was no value of collateral, and the defendant was well aware that the above check was purchased with knowledge of the fact that the check was a breabbbbbed bill through a sports newspaper, and it was well aware that there was no value of collateral.

Nevertheless, the Defendant, by deceiving the victim as above, acquired 4,50,000 won in cash from the victim who believed that the check is true and genuine as collateral and acquired the check through E’s agricultural bank account (H).

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of E (including the F statement section);

1. The police statement concerning F;

1. A copy of a household check (G) and a statement on the details of remittance;

1. Previous records of judgment: Application of inquiries, such as criminal records, and a copy of judgment (No. 2013 high-end 1297);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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