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(영문) 대구지방법원 경주지원 2013.12.10 2013고단616
사기
Text

A defendant shall be punished by imprisonment for a term of one year and three 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

On May 25, 2011, the Defendant was sentenced to a suspended sentence of two years, etc. for a violation of the Punishment of Tax Evaders Act by committing a violation of the Punishment of Tax Evaders Act in the Daegu District Court and Racing Support Act, and such sentence

6.2. Finality has been established.

On December 2, 2010, the Defendant recommended the victim D to “I will make an investment because it is anticipated to make an investment in this land, making it possible, making an investment low,” and then made a false statement to the victim D, “I will make a registration of the land by dividing the down payment of KRW 200 million into the ground if the down payment is insufficient,” “I will divide the land at the desired location, and divide the cost of civil construction into the land at the desired location,” and “I will make a full payment if I will lend the land to I want to do so.”

However, at the time, the defendant was virtually insolvent (the defendant tried to appropriate it with the so-called "PF Fund" in the bank right) and even if he received money as a down payment, he thought to be used arbitrarily due to his cost of living, the repayment of existing debts, etc., so that he did not have the intent or ability to divide the land into the victim or to repay the borrowed money.

As above, the Defendant, by deceiving the victim and using it for the land contract money on January 13, 201, received KRW 10 million from the victim, and acquired the money by deceiving the victim by obtaining a total of KRW 267 million over eight times until March 11, 201, as shown in the attached crime inundation list, including the remittance of KRW 10 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the protocol of examination of the accused by the prosecution (including D's statement);

1. Statement made to D by the police;

1. Copy of the transaction of passbook;

1. A written agreement, sales contract, cadastral map, a certified copy of the register, a court decision, etc.;

1. Minutes;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (including confirmation of the date of confirmation and a copy of the judgment attached thereto);

1. Article 347 of the Criminal Act, which covers the pertinent Article of the Criminal Act and the choice of punishment.

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