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(영문) 대구지방법원 영덕지원 2014.09.24 2014고단58
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Around October 29, 2012, the Defendant made a false statement to the victim E at the D bath located in the Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Gyeong-do, stating that “I will sell and complete payment of money. I will lend money. I will see the loan of money. I will do so.”

However, in fact, the defendant was a bad credit holder at the time, and the debt reaches about 40 million won, so even if he borrowed money from the victim E, he did not have any intent or ability to repay it.

The Defendant received KRW 3 million from the victim E to December 20, 2013, including transfer of KRW 3 million on the same day from the victim E, and received KRW 2,5850,000 from the victims over 11 times as shown in the annexed crime inundation table from around that time to December 20, 2013.

Summary of Evidence

1. A statement made by the defendant on the second trial that "it is true that the defendant received KRW 2,5850,00 from the victim and did not complete payment"

1. Each legal statement of witness F, G, E, and H;

1. A protocol concerning the suspect examination of the accused;

1. Statement of F in the second police interrogation protocol against the accused;

1. Each police statement of the F, H, and E;

1. Each complaint;

1. Investigation reports (content of telephone conversations for reference) and application of the Acts and subordinate statutes concerning the details of transactions of admission and withdrawal;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment of concurrent crimes against victim G on or before December 20, 2013, which is the largest penalty);

1. As to the suspended sentence under Article 62(1) of the Criminal Act, the sentencing guidelines for the crime of fraud, sentencing factors (the amount less than KRW 100,00,00,000,000,000,000,000,0000,0000,000,000,000,000,000,000,000,000,000,000,000

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