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(영문) 대구지방법원 2018.07.19 2018고단1270
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On November 4, 2017, the Defendant was sentenced to a suspended sentence of four months for a violation of the Electronic Financial Transactions Act at the Daegu District Court, and the Defendant was sentenced to a suspended sentence of one year for a violation of the Electronic Financial Transactions Act, and the judgment was finalized on November 11, 2017.

[2] On April 24, 2017, the Defendant made a false statement to the victim C that “When a family member in the Republic of Korea is in a divorce lawsuit with her husband, 15 million won may be paid if the lawsuit is well filed with her husband, 15 million won may be paid if the lawsuit is brought against her husband, 35 million won may be required, and the attorney’s fees, etc. need to be loaned to 35 million won, and the Defendant would have to make reimbursement without fail, in the event of a medical care protection.”

However, the defendant did not have any income due to the absence of occupation, and because the rehabilitation procedure was in progress due to the debt worth approximately KRW 40 million, there was no intention or ability to repay even if he borrowed money from the injured party.

On the same day, the Defendant issued a new bank card and a national bank card in the name of the victim, and withdrawn KRW 12.8 million from the new bank account in the name of the victim, and received KRW 25 million from the national bank account in the name of the victim, and received KRW 37.8 million in total.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement C in the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement made by the police with regard to C;

1. Domestic History Report (Evidence Submission of Victims)-: (C); (C) transaction details of the new bank account; (C) investigation report (Attachment of Suspect A Daegu Bank Account Details); (C) transaction details of the Daegu Bank Account; (A) transaction details of the Daegu Bank Account; (A) investigation report (Attachment of text messages); - Character message, investigation report (Submission of suspect’s D transaction details); - Nong Bank Account transaction details (D)

1. Return of each financial transaction information;

1. A criminal investigation report (report on the results of account verification);

1. Previous convictions before judgment: A response to inquiries, such as criminal history, investigation reports (the fact that the defendant is concurrent crimes after Article 37 of the Criminal Act). The defendant withdraws cash at the request of the victim and then withdraws it in all;

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