logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2016.06.10 2015고단1370
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the duty of release on bail under the trade name of “C”.

1. On January 29, 2013, the Defendant against the victim D’s fraud is a victim D in front of the head office of the modern department store pressure-gu Seoul, Gangnam-gu, Seoul, at the pressure-gu office of 165.5.

C. The Montreal said that it would sell the Montreal in KRW 70 million.

However, in fact, the defendant did not have the intention or ability to sell the Montreal even if he was supported by the injured person.

As above, the Defendant: (a) by deceiving the victim; and (b) received the delivery of the amount equivalent to KRW 65 million at the Gmond 2.8 Dogs owned by the victim from the victim.

2. On January 2014, 2014, the Defendant against the victim E was not guilty of the fraud, and “Inwards from the red bean or the United States on bail” to the victim E.

C. It stated that “I send the subject money to purchase Montreal Dogs.”

However, even if the defendant receives money from the injured party, he did not have any intention or ability to purchase the Montreal.

As above, the Defendant: (a) by deceiving the victim; (b) transferred KRW 10 million on January 21, 2014; (c) KRW 10 million on January 22, 2014; and (d) KRW 30 million on January 28, 2014 to the Korean bank account (Account Number F) in the name of the Defendant’s name, for the purpose of purchasing the Montreal from the victim; and (b) transferred KRW 30 million on January 28, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to E and D;

1. Application of statutes on a detailed statement of transactions of passbook A by Korean bank name;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria [type determination] Fraud, general fraud, and type 1 (less than KRW 100 million) (the area of recommendation and the scope of punishment] basic area: Imprisonment with labor for not less than six months nor more than one year and six months;

2. Determination of sentence (unfavorable circumstances) of sentence does not have a substantial amount of damage, and the nature of the crime is not good. [The favorable circumstances] has no previous conviction.

arrow