logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2012.11.29 2012고단2027
사기
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant had no intention or ability to pay the debt amount of financial institution 23 million won due to the fact that the defendant operated a mutual main point of the "D" located in Daegu Suwon-gu C, and the above main point also did not operate the business and borrowed money from others.

Nevertheless, at around 12:00 on June 15, 2010, the Defendant, “E” restaurant located in the Daegu Suwon-gu, Daegu Suwon-gu, called “E”, “Is the need to pay the victim advance payment to be employed at the main store in his/her own jurisdiction, and will pay the principal after two months of the lending of money,” and then, he/she received 18 million won from the victim on June 25, 2010, from the victim, to the account in the name of G designated by the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including F's statement);

1. Application of Acts and subordinate statutes to investigation reports (reports appended to A credit reports of suspects);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended execution [Determination of type] - In a case where a person commits a deceptive act of less than KRW 100 million (special-purposes ] - In a case where a person commits a deceptive act of not fault in the mitigated element, or where the degree of a deceptive act is weak, a case where a person commits a deceptive act of not fault in the mitigated element / [decision of the recommended area] Special mitigation area / [Scope of the recommended punishment] January to 1 year / [Scope of the applicable provisions] / Article 347 of the Criminal Act / (1 to 10 years in case of the suspended sentence] - In a case where a person commits a deceptive act of not negligence in the case where a person commits a deceptive act of not less than the positive extent of a deceptive act, or where a person committed a deceitful act of not less than the extent of a deceptive act of a

1. Under the circumstances and circumstances identical to the above facts charged, the Defendant is Daegu Suwon-gu around 12:00 on June 15, 2010.

arrow