logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.09.27 2019고단2144
사기등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who was an employee of the Dispute Resolution Co., Ltd., and the victim D was a representative of the said company.

1. Around June 3, 2012, the Defendant said, “Around June 3, 2012, the Defendant,” stating, “If the Defendant borrowed 14 million won to the victim, he/she would have paid off only two months of use.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to pay it normally.

Accordingly, the Defendant, by deceiving the victim as above, received a total of KRW 14 million from the victim to the corporate bank account (E) in the name of the Defendant on the same day.

2. Around September 2012, the Defendant: (a) in the instant factory in the KCAB, the Defendant: (b) in order for the victim to dispose of a total amount of KRW 2.1 million in the market value of mobile phone withdrawal equipment in high water in the process of closing down the said company; (c) held the victim in the warehouse that “I would not dispose of the equipment in high water; and (d) I would sell the equipment later; and (e) would sell the equipment later; and (e) kept in the Daegu F warehouse, the Defendant divided the said equipment and embezzled it to the victim without any speech; and (e) embezzled it by arbitrarily selling the file to the de facto defector.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, G, and H;

1. A complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act and Article 355(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crime (Fraud Decision) (Fraud). General Fraud [Type 1] is less than KRW 100 million (Special Convicts).

arrow