logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2019.06.12 2019고단415
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant and B conspired to take part in job offer advertisements of “Edab” operated by the victim D posted on the Internet C website, and to share money received from the victim as a multiple prepaid payment.

At around 16:00 on January 11, 2019, the Defendant called the victim on the front side of the Busan Metropolitan City captain-gun, and called "at 7:00 p.m., only 7:00 p.m., he is employed in Eda. Mana. Mana, he is employed in Eda." On the same day, B met the victim from H car page located in the Busan Metropolitan City captain-Gun G, and changed the amount of KRW 3.5 million in advance. There is an obligation to pay the money before the transfer, and the money can be paid, and if lent, the day will begin immediately."

However, even if the defendant and B received the advance payment from the victim, they did not intend to work as an employee.

A defendant and B, as mentioned above, had the victim enticed, and had the victim transferred KRW 3,50,000 to the account (I) in the name of the defendant Nong Bank under the name of the defendant B (I) on January 12, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by comprehensively taking into account all the circumstances, such as the defendant's criminal records (a majority of the criminal records of the same kind of crime), the motive, means and results of the crime, the degree of participation in the crime, the circumstances after the crime, etc., for the reason of sentencing under Article 62-

arrow