logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.11.22 2019고단3426
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around January 2019, the Defendant made a false statement that “C has a company called, and if 10 million won is invested in the company, 10,000 won can be paid dividends every day and the principal may be punished for money in a short period because the principal is returned later.”

However, C does not exist in the company, and the defendant did not intend to return the principal or profits to the victim because he did not intend to make an investment even if he did not receive money from the victim, and he did not have the ability to return the principal or profits to the victim.

As above, the Defendant, by deceiving the victim, received KRW 10 million from the victim on January 11, 2019 to the new bank account under the name of the Defendant, from that time, and by the same method until March 22, 2019, acquired 180,000 won in total over 18 times, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol against the accused (including the husband and wife of B);

1. The police statement concerning B;

1. A report on investigation;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of punishment by law: One month to ten years of imprisonment;

2. The scope of recommendation types according to the sentencing guidelines [decision of types] shall be limited to the range of recommendation types [type 2], the amount of punishment exceeding KRW 100,00,000, and the amount of less than KRW 500,000 (special person] mitigated factors: Where victims are fully responsible for the occurrence of crimes or the expansion of damage (the scope of recommendation fields and recommendation types] mitigated areas; imprisonment from October to June;

3. Determination of sentence: Imprisonment with prison labor for one year, the defendant is divided in depth, the defendant has no criminal records exceeding fines, and the victim has not verified whether the company which the defendant intends to make an investment in order to obtain excessive profits exists.

arrow