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(영문) 대전지방법원 2014.04.11 2013고단4946
사기
Text

A defendant shall be punished by imprisonment for 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 operated the “G” and the “H”, a verbal store, at the F located in Heak-gu Seoul Metropolitan City E.

On February 2, 2013, the Defendant told the victim D to “I will retire from office, with a large amount of money invested by H partners, and with brand power,” the Defendant made a false statement to the victim D, “I will retire from office as of the end of Cheongju-si, Chungcheongnam-gu. It is so close to the fact that I would have a down payment and a security deposit amount of KRW 10 million at the head office. I would like to know that I would like to know that there is a down payment and a security deposit amount of KRW 110 million,00,000,000,000,000 as of the monthly interest and KRW 55,000,000,000,000 on December 2013.”

Around that time, the Defendant had a debt of KRW 100 million, and the sales of the two stores was proper, and the sales of each head office of the store did not pay KRW 10 million, out of the agency deposit, to each head office of the store. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to pay the money.

Around March 5, 2013, the Defendant, by deceiving the victim, received KRW 55 million from the victim to the agricultural bank account of the Defendant, and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

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

1. Reasons for sentencing under Article 26(78) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Compensation Orders [Scope of Recommendation Punishment] Fraudulent Crime Group, General Fraud (Type 1), mitigated area, one month to one year [whether a sentence of imprisonment is suspended] Major reasons for writing: The main reasons for writing on the non-agreement: The main reasons for writing on the non-agreement: a clause that is weak to the degree of willful misconduct or deception, a clause that is considerably small in the scale of substantial damage: the clear social relation, the strong reflectness, the absence of criminal records, partial recovery of damage, and efforts to recover serious damage (decision of sentence), six months after suspension of execution, two years after suspension of execution.

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