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(영문) 대구지방법원 영덕지원 2013.08.14 2013고단78
사기
Text

A defendant shall be punished by imprisonment for four months.

Of the facts charged in this case, Nos. 22, 47, 59, 60, 79.

Reasons

Punishment of the crime

On July 19, 2012, the Defendant was sentenced to six months of imprisonment for fraud at the Changwon District Court and two years of suspended execution, and the above judgment was finalized on July 27, 2012.

On February 24, 2009, the Defendant made a false statement to the victim B who made a high-ranking arrest with the intention to make a full payment within a week if he/she borrowed KRW 4 million from the victim B, but even if he/she borrowed money from the victim B, he/she did not have the intent to make a full payment within a week.

The Defendant immediately received KRW 3,90,000 from the victim B to the post office account (C) in the name of the Defendant, and thereafter received KRW 61,603,00,00 in total over 74 times as shown in the annexed crime sight table (excluding Nos. 22, 47, 59, 60, and 79) from November 10, 2010.

Summary of Evidence

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement of each police statement concerning B;

1. Details of the transactions of bankbooks (B), copies of bankbooks, and copies of bankbooks (D);

1. Previous records of judgment: Application of each Act or subordinate statute of inquiry, such as criminal records, and investigation reports;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of the applicable sentences under the law] 1 to 15 years of imprisonment [the decision of the applicable sentences under the law] 1 to 15 years of imprisonment [the decision of the applicable sentences under the law] among the crime group 1 to 15 years of general fraud (the sum of the sum of the acquired amounts of each fraud, less than 100 million won, and the sum of the acquired amounts of each fraud] among the crime group : None of the mitigated factors: [the decision of the recommended area and the scope of sentence]: The basic area of the type of general fraud among the crime group 1 to 6 months of imprisonment with prison labor for up to one year [the general person]; the punishment before the crime of embezzlement that does not constitute a repeated crime.

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