logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2014.12.18 2014고단2863
사기
Text

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

Reasons

Punishment of the crime

Around July 8, 2004, the Defendant made a false statement to the victim E (Nam, 39 years of age) at the D Company’s office located in Seoul Special Metropolitan City C, stating that “I will produce one string of stone in the amount of KRW 90 million until July 30, 2004.”

However, the facts are as follows: (a) the Defendant’s liability amounted to one billion won without any property; and (b) the Defendant’s company continues to run the Defendant’s company; (c) even if receiving the cost of manufacturing the scrap scrap of stone from the victim for any other purpose, if the Defendant uses some of the money for the other purpose, it would have no other way to prepare the cost of manufacturing the scrap scrap of stone; (d) the victim would have been able to use part of the money received from the victim for other debt repayment; and (e) the victim did not have the intent or ability to produce

The Defendant received from the victim a letter of promissory note with cash 18 million won, cash 20 million won as part payments at the same place on July 21, 2004, and cash 20 million won as part payments at the same place on July 26, 2004 and a letter of promissory note with 10 million won as part payments at the same place on the same day on July 26, 2004.

Accordingly, the defendant was given a total of 68 million won by deceiving the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Each of the statements E by the police of the defendant and the suspect interrogation protocol of the prosecution

1. Each police statement of E;

1. A criminal report (attached documents), a written agreement, and a letter;

1. Compulsory departure of illegal aliens, direction for duties related to the entry of designated aliens, and status of individual entry or departure;

1. A complaint, equipment manufacturing contract, receipt, deposit slip, written agreement, business registration certificate, or judgment;

1. Application of an investigation report (Attachment of shower photographs and copies of the relevant summary order), shower photographs, and Acts and subordinate statutes of the summary order;

1. The defendant and his/her defense counsel regarding the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the defendant's choice of imprisonment, and his/her defense counsel.

arrow