logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2014.12.12 2014고단1489
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 30, 2012, the Defendant was sentenced to imprisonment with labor for a term of fraud at the Seoul Central District Court for the same year.

4. 7. The above judgment was finalized, and on July 20, 2012, the District Court rendered a two-month imprisonment with prison labor for fraud at the District Court on July 20, 2012, and the above judgment became final and conclusive on the 28th of the same month, and the other same criminal records are several times.

On April 20, 2010, the Defendant, at its own office located in Yeongdeungpo-gu Seoul Metropolitan Government C Building 806, performed the franchising of the G’s agent, the representative of the F limited liability company, on the part of the victim E, who was introduced through Pyeongtaek-gu D, which was known to the general public, and “In our company, the construction of the new apartment in Gyeonggi-si Office is being implemented at the construction site, the employees are going to recruit the francing operator, and the Defendant would have the right to operate the francing restaurant if he concludes an operation agreement with the employees and pays 50 million won in the premium amount.”

However, in fact, the Defendant did not have any authority to enter into an agreement on the operation of the restaurant in the capacity of the representative of the F limited liability company, and at the time, the new apartment construction corporation did not have the ability to grant the right to operate the restaurant in the construction site even if the said money was received from the victim, such as before the construction permit was granted.

Nevertheless, the Defendant deceivings the victim as above, and received 50 million won from the victim to the H account (Account Number: I) in the name of his/her usual account on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The letter of credit operation;

1. A deposit slip;

1. A report on investigation (specific amount of damage);

1. Application of Acts and subordinate statutes reporting investigation reports (former, previous, summary order and attachment of judgment), investigation reports (verification of the date of release from the court), criminal records, previous records of disposition, and results of confirmation;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

arrow