logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.04.02 2014고단105
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 26, 2007, the Defendant made a false statement to the victim E in front of the Diplomatic Association located in Seongdong-gu Seoul Metropolitan Government, stating that “I would make a repayment without mold if I would lend money to the victim E in need of the cost of excess purchase.”

However, the facts are borrowed to prevent the accumulated debts from returning, and since Japan's funeral was in the state of the enemy, there was no intention or ability to repay the accumulated debts even if it borrowed money from the victim.

The Defendant received 30,500,000 won in total at 11 times as shown in the list of crimes, including the Defendant received 5,000,000 won from the victim’s bank account at the seat of the National Bank.

Summary of Evidence

1. Defendant's legal statement;

1. Police and each protocol of examination of the suspect by prosecution against the defendant (including the E statement part);

1. Each prosecutor's office and police statement regarding E;

1. Each investigation report;

1. Current status of transactions, details of payment, details of deposits, current status of deposits, details of passbooks, details of borrowed money, details of passbook transactions, details of passbook transactions, and application of Acts and subordinate statutes on

1. Relevant Articles of the Criminal Act and the choice of punishment concerning the facts constituting the crime: Article 347 (1) of the Criminal Act;

1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: The reason for the sentencing of Article 62(1) of the Criminal Act [the decision on the type of deception] [the general fraudulent act] below KRW 100 million (the special-purpose person] reduction element: in a case where a fraudulent act is committed intentionally or the degree of a fraudulent act is weak, the court shall not impose the punishment [the decision on the recommended area] 1 month or year [the scope of the recommended punishment] 1 month or year [the applicable provisions of applicable Acts]: January or 1 year [the scope of the punishment] under Article 347 of the Criminal Act: January or 10 [the scope of the suspended sentence] under Article 347 of the Criminal Act / [the scope of the suspended sentence] where a principal fraudulent act is committed or the degree of the fraudulent act is weak, the actual loss is less than KRW 50 million, and there is no criminal conviction above the suspended sentence [the decision on the sentence], the motive and circumstance of the crime in this case.

arrow