(영문) 창원지방법원 진주지원 2020.04.28 2019고단1600

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 진주지원 2020.04.28 2019고단1600

사기

Text

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

Reasons

Punishment of the crime

On May 15, 2009, the Defendant made a false statement to the victim E in the C University parking management office located in Jinju-si, Jinju-si (former D University), stating, “If the Defendant paid the same amount to 10 persons, but 1920,000 won on the 14th day of each month, the Defendant would pay 20 million won by setting the sequence as 9.”

However, in fact, the defendant is operating the bond business by the method of returning the bad credit standing, and there is no intention or ability to pay the fraternity to the victim on the date of payment of the fraternity.

The Defendant received a total of KRW 1,728,00 from May 15, 2009 to January 5, 2010, a sum of KRW 1,928,000,000 per month from the victim to the National Bank Account in the name of F, designated by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A complaint;

1. Details of account transactions, application of credit rating books, and statutes governing outputs;

1. The grounds for sentencing choice of imprisonment with prison labor, comprehensively, with respect to Article 347(1) and Article 347 of the Criminal Act applicable to the relevant criminal facts and the choice of

1. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months; and

2. Determination of sentence: (a) the form of the instant crime; (b) the amount of the Defendant acquired by deception; (c) the amount of the Defendant did not recover from damage; and (d) the victim wanted to be punished; (b) the fact that the instant crime was set aside for a long time after the instant crime; and (c) the records including the Defendant’s previous records of punishment; and (d) the conditions of various sentencing specified in

참조조문

-형법 제347조 제1항

유사 판례

-창원지방법원 통영지원 2019.11.20 2019고단334

-서울남부지방법원 2015.02.06 2014고단4516

-서울중앙지방법원 2014.02.13 2013고단6311

-서울서부지방법원 2019.07.10 2019고단1135

-의정부지방법원 2014.09.15 2013고단4448