logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.01.26 2017고단8270
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On July 6, 2017, the Defendant was sentenced to ten months of imprisonment for a crime of fraud at the Daejeon District Court, and the same judgment became final and conclusive on July 14, 2017. On October 20, 2017, the Seoul Central District Court sentenced four months of imprisonment for a crime of fraud, and the same judgment became final and conclusive on October 28, 2017.

On February 3, 2017, the Defendant would complete all the interior works of private teaching institutes until March 3, 2017 to the victim D in the Nam-gu Incheon Metropolitan City, Incheon.

"Falsely speaking," and even if the Corporation has paid some construction costs, it shall not proceed with construction works due to lack of wages and materials.

The construction will be completed as soon as possible with the additional cost of KRW 2.5 million.

“A false statement” was made.

However, in fact, the Defendant did not receive the royalties at the time, and was prosecuted and tried as a crime of fraud, and the overdue wage and overdue material cost were in many circumstances. Thus, even if the Defendant received the interior construction cost from the injured party, the Defendant did not have any intent or ability to conclude it within the time limit for the promise of the interior work, as requested by the injured party.

Nevertheless, the defendant deceivings the victim as above, and that is, KRW 10.5 million from the victim on February 16, 2017;

2.24. 24. 10 million won around the day;

2.27. 27. 2 million won around the day;

2. 28. Minority 4 million won;

3.6. 4 million won around the day;

3.13. Minority KRW 5 million;

3. On 15. Around 2 million won, a sum of KRW 37.5 million, including KRW 2 million, was remitted to one bank account in the E’s name and acquired it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Details of transactions of deposits and withdrawal, and details of financial transactions;

1. Previous convictions: The protocol of interrogation of suspects, each judgment, and the application of Acts and subordinate statutes to inquire about criminal history of the accused;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes:

arrow