logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2016.07.19 2016고단365
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 28, 2014, the Defendant: (a) purchased a vehicle to export smuggling from a person who was deceased in the name of the Defendant in the name of the Defendant and received a request to request the purchase of the vehicle in the name of the Defendant; (b) purchased the vehicle in the name of the Defendant; and (c) on September 23, 2014, issued the vehicle to the person who was unaware of the name of the Defendant.

On November 8, 2014, the Defendant was urged to make a false report by making a false statement with his name-free and false phone, and around 01:50 on the same day, the Defendant parked the vehicle in the telecom parking lot after receiving a vehicle from a person who was in the name-free front of the Daejeon Middle-gu, Daejeon, with his name-free from the person who was in the name-free condition before driving the vehicle again, made the person who was in the name-free and parked the vehicle take a video as if he stolen the vehicle in the nearby CCTV, and reported it falsely to the police, and made a false report on theft to the victim’s fire, marine insurance company, etc.

A false statement was made.

On January 16, 2015, the Defendant deceivings the victim as above, and was transferred KRW 35,760,000 to the account in the name of the Defendant on January 16, 2015 from the victim.

Accordingly, the defendant, in collusion with a person who is not a person with a name but has been accused of the victim and remitted 35,760,000 won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A detailed statement of investigation reports (Attachment of materials related to smuggling) and acceptance of export reports, etc.;

1. Application of Acts and subordinate statutes, such as a written damage statement and stolen insurance proceeds;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general fraud [the person who has no basic area (from June to one year and six months) [the person who has been subject to special sentencing] [the sentence] [the decision of sentence]. While the nature of the crime is inferior and the amount of damage is not high, the victim paid 20 million won out of the amount of damage, and the victim paid 20 million won in installments in the future, and the defendant made a mistake.

arrow