(영문) 창원지방법원 2014.12.09 2014고단762

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2014.12.09 2014고단762

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 19, 2011, the Defendant made a false statement to the victim E at the D 15th coffee shop in Jongno-gu Seoul, Jongno-gu, stating that “The president of the Culture Department FF, the artist Association G, and the Seoul Arts Center is well aware. Upon request from the people, he/she may allow the people to join the party as a member of the art division of the Korean Art Center. He/she will return the party within one week if he/she becomes aware of the membership.”

However, in fact, even if the defendant did not know well about the personnel of the cultural community, and even if requested by the defendant, I and J, the defendant's will or ability to subscribe the victim as a member of the Korean Art Institute, even if he received KRW 22 million from the victim, he did not have any intention or ability to subscribe the victim as a member of the Korean Art Institute.

As such, the Defendant, by deceiving the victim, obtained a total of 22 million won check from the victim on the same day on the same day. The Defendant acquired a total of 22 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and I;

1. In light of the relevant legal provisions on criminal facts and Article 347(1) of the Criminal Act, even though the amount of damage caused by the sentencing is not much significant, a sentence for a considerable period of time is inevitable in light of the fact that it appears that the victim did not make any particular effort to recover from damage, and that the victim wanted the strict punishment of the defendant.

Provided, That the punishment as ordered shall be determined in consideration of favorable circumstances, such as the fact that the defendant has recognized a mistake and reflected the fact that there is no criminal record exceeding the fine, and the fact that there is no criminal record beyond the fine, etc., by taking into account the circumstances leading to the crime and methods, circumstances after the crime, the place of use of the damage, and the character, conduct

참조조문

-형법 제347조 제1항

유사 판례

-창원지방법원 2015.02.11 2014노2980

-대전지방법원 천안지원 2014.11.04 2014고단961

-서울중앙지방법원 2017.01.18 2016고정3794

-대구지방법원 2014.07.01 2014가합769

-창원지방법원 마산지원 2017.05.11 2017고단104