logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2019.07.09 2019고단140
사기
Text

A defendant shall be punished by imprisonment for 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

The defendant is a person who operates a female employee placement business in the name of "B", and the victim C is a person who works in the above business place as an employee.

On March 2017, the Defendant stated that “If a person lends money to another person, he/she will use it as operating expenses of the Internet game site and make profits therefrom, he/she will do so monthly as principal and interest.”

However, the defendant thought that he will use the money borrowed from the victim for his personal purpose such as living expenses, and even if he borrowed money from the victim, he did not have the intention or ability to pay 10 million won per month as principal and interest.

Around March 23, 2017, the Defendant, by deceiving the victim as above, received 4.4 million won from the victim to the new bank account (E) in the name of the Defendant’s living together, and acquired 20 million won in total on seven occasions from April 18, 2017, such as the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes governing entry, withdrawal, copy of text messages, and specification of transactions;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the Defendant deceiving the victim, who was an employee of the brokerage establishment that he operated, into “Operation of the game site,” etc., and defrauded KRW 20 million.

Although the amount of defraudation is not significant compared to other cases, the victim suffered a very significant mental shock, such as suffering from serious economic depression and attempted to commit self-harm, because the victim inevitably worked at entertainment establishments and borrowed money from the defendant due to the type of home, even though it was not returned for a long time.

The criminal liability of the defendant is very heavy in light of the circumstances of the crime and the degree of damage caused by the crime.

However, the defendant.

arrow