logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.12.16 2016고단3309
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

The defendant is a person who operates D Co., Ltd.

On January 7, 2015, the Defendant entered into a contract for the establishment of security for transfer to 9 units of the attached list as security for KRW 160 million borrowed from E on January 7, 2015, and had it notarized.

On February 4, 2016, the Defendant: (a) concealed the fact of the establishment of security for transfer; (b) drafted a sales contract for used machines with the intent of selling the said nine amount of KRW 100 million to G, a victim, as a security for sale; and (c) drafted a sales contract for used machines with the intent of selling the said nine amount of KRW 100 million to the said nine amount of KRW 100 million.

The above G, which was aware of the fact that the security was established as above, concluded a sale security contract with the nine units of the above sale period, and transferred KRW 110 million to the company bank account in the name of D Co., Ltd. on the same day.

Accordingly, the defendant deceivings the above victim company and acquired it by deceiving the above victim company from the above victim company.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to a copy of notarial deed, a copy of a notarial deed, and a copy of entry transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] General Fraud [10 million won or more, and less than 500 million won] [10 million won or more] mitigation area [10 million won or more] [10 to 200 million won]] [10] mitigation area] [the defendant's decision of sentence] is contrary to the defendant and recognized as committing a crime. The defendant agreed that the defendant does not want the punishment of the defendant, and the defendant does not want the defendant's age, character and behavior, environment, motive and circumstance of the crime, and all the conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive

arrow