logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.03.31 2014고단4290
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall pay 28.6 million won to C who is an applicant for compensation.

3.2

Reasons

Punishment of the crime

On December 2013, the Defendant made a false statement to the effect that “When investing KRW 25 million in the capital of KRW 25 million as a stock investment, the Defendant would create KRW 280 million after five years thereafter to the victim C, who was the same deaf at a non-a Daegu or lower-gu location, as the deaf at the end of the day of December 2013, the Defendant would make an investment in the capital of KRW 25 million.”

However, in fact, there was no intention or ability to pay the profit by investing the money in shares with the victim's money.

On December 28, 2013, the Defendant: (a) by deceiving the victim; (b) received KRW 1 million from the victim; (c) KRW 2,00,000 from the victim; (d) KRW 2,00,000 under the pretext of the advance payment for investment in the Dong-gu Seoul Special Metropolitan City, Daegu Special Metropolitan City; (d) KRW 2,00,000 under the pretext of the advance payment for investment; (e) February 3, 2014; and (e) received from the victim on February 3, 2014, KRW 2,60,000 as investment money in the Dong-gu Special Metropolitan City; and (e) around 20:50 on February 7, 2014, the Defendant additionally received KRW 250,000,000,000,000 under the name of the Defendant in the name of the Daegu Special Metropolitan City, Daegu Special Metropolitan City, No. 44, under the pretext of investment money.

As such, the Defendant, by deceiving the victim, obtained a total of KRW 28.6 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Partial statement of each police interrogation protocol against the accused;

1. Photographs of the passbook account;

1. A copy of an application for credit loan;

1. Application of Acts and subordinate statutes to each investigation report (Attachment to the detailed statement of passbook transactions, and the contents of Kakao dialogue);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 11 and Article 55 (1) 3 of the Criminal Act for mitigation of deaf-mutes;

1. According to each evidence of the reasoning of sentencing under Articles 25(1) and 31 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Orders for Compensation and Sentence of Provisional Execution.

arrow