logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2019.10.08 2019고단1278
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

Some of the facts charged were corrected.

On November 23, 2018, the Defendant made a false statement to the effect that “C convenience store” was given to the victim D prior to the “C convenience store” in Gwangju-si, Gwangju-si, to the effect that “I shall give gift to E and four other persons, who are in charge of public agencies, in relation to the projects promoted in the Philippines.”

However, in fact, the defendant thought to use the money received from the victim for personal purposes, such as living expenses, etc., and did not intend to give gift to E, etc.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 15 million from the victim on the pretext of gift expenses, i.e., the victim, and obtained KRW 20 million from the same place on November 29, 2018 as cash and check, and acquired KRW 35 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of a copy of specification of transactions, caps of text messages (18 pages of investigation records), a certified copy of a notarial deed;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. The scope of the applicable sentencing under the Act on the Reasons of the Suspension of Execution of Punishment under Article 62(1) of the Criminal Act: The scope of the applicable sentencing under the Act on the Reasons of the Punishment of Sentence 1 of the Criminal Act: The scope of the recommended punishment [Article 1] under the sentencing guidelines from January to ten years [Article 1], and the crime committed by fraud [Article 1]. In a case where considerable damage has been recovered (the scope of the recommended area and the recommended punishment] under the mitigated sentence [Article 1]: there is no person who has been punished by imprisonment with labor for one month to one year [Article 1] [Article 62(1) of the Criminal Act [Article 62(1) of the Act on the Suspension of Execution of Execution of Sentence : Where considerable damage has been recovered: Determination of the applicable sentence for the same criminal offense: Six months; the defendant, who has been sentenced to the suspended sentence two years, acquired 35 million won from the injured party by actively using several methods.

This is mainly considered in the circumstances, and the defendant's attitude to recognize and reflect the error.

arrow