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(영문) 서울중앙지방법원 2014.10.15 2013고정434
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 24, 2011, the Defendant was sentenced to 10 months of imprisonment, 3 years of suspended execution, community service, 160 hours in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at Seoul Eastern District Court, and the judgment was finalized on December 2, 2011.

The defendant is the spouse of C Educational Council member D, and the fact was that the operation of the above church was difficult on July 2010, and was the bad credit holder due to the failure of the business, etc., and it was economically difficult to pay fines due to drinking and unlicensed driving, so even if he borrowed money from E, there was no ability or intent to pay the money.

Nevertheless, around July 30, 2010, the Defendant made a false statement in GL station operated by the victim in Gangnam-gu Seoul Metropolitan Government F, stating, “I will pay in one month if one of the members of the Gangnam-gu church undergo an operation at the Seoul University Hospital and lends money in need of operating expenses.”

The Defendant received 3 million won on the same day as the loan money from the victim, 3 million won on August 25, 2010, and 2 million won on September 8, 2010, from the victim to the account in the name of the said D.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of examination of witness to E of this court;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the record of the E statement);

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

1. Statement to E by the police;

1. Details of account transfer, statement of performance, account transfer, statement of account transfer, each investigation report, each deposit certificate, investigation report, and submission of evidential data;

1. A complaint;

1. Previous convictions: Investigation report, judgment, application of Acts and subordinate statutes of the Criminal Procedure Act and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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