logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.11.14 2014고정3275
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On March 5, 2012, the Defendant seized the Defendant’s deposit claims against the Nonghyup Bank, the New Bank, the National Bank, etc. by the Incheon District Court Decision 2012TTTTT 2012TTTT 5383, and the Defendant did not have the intent or ability to pay KRW 51,175,545 to the victim upon the release of the above seizure.

Nevertheless, on May 22, 2012, at the victim's residence in Ansan-si, the Defendant made a false statement to the victim stating that "the victim would pay damages on the face of the seizure of the deposit account," thereby allowing the victim to cancel the seizure of the claim against the new bank account (D) deposited in the name of the Defendant with the sum of KRW 2,139,745 on the same day.

Summary of Evidence

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

1. The police statement concerning B;

1. Investigation report (the details of the account that was seized by the complainant at the time of filing a request for the waiver of a collection order) and investigation report (the report on confirmation of the balance, etc. of the account in the name of the suspect who was seized as of the date of submitting the seizure

1. Application of the text of the decision (2012 other Doz. 5383) statute;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow