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(영문) 부산지방법원 동부지원 2019.06.27 2019고단419
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On December 12, 2013, the Defendant was sentenced to two years and six months of imprisonment at the Busan District Court for fraud, etc. on December 2, 2013, and the above judgment was finalized on the 20th of the same month, and on January 30, 2019, the Busan District Court was sentenced to two years of suspended execution for one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) at the Dong Branch

Around September 2012, the Defendant made a false statement to the effect that, at the coffee store in Btel located in Busan Metropolitan City, the Defendant would operate a website where motion pictures or dramas, etc. can be downloaded, and the Defendant would have made profits much more. In short, the Defendant would have repaid the principal to the victim C and paid the interest on the fourth portion of the month when he/she lent money necessary to enter into an alliance with the broadcasting company, such as D and E.

However, the Defendant, while operating F and G Web D Web D, was liable to pay approximately KRW 1 billion due to the failure of operation, and borrowed money from H, I, etc. or repaid it in the form of return after being invested. Thus, even if he received money from the victim, he did not have the intent or ability to pay interest or profit by using the project fund.

The Defendant, by deceiving the victim as above, received KRW 75,00,000 in cash from the victim around that time, and received KRW 100,000,000 from the J bank account in the name of J bank on September 10, 2012, and received KRW 175,00,000 in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Details of account transactions and a certificate of borrowing;

1. As a result of criminal records, reports on criminal investigations (in addition to criminal records of the same kind of suspect, attachment of court records related to the same type of suspect and reports on separate judgments sentenced by the suspect);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The sentencing of Article 62(1) of the Criminal Act is suspended.

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