logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 해남지원 2018.08.09 2017고단513
사기
Text

A defendant shall be punished by imprisonment for six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On November 2014, the Defendant would transfer the amount of the pre-delivery failure to the Gu administration to the victim B before the year in which he had the victim purchase the pre-delivery failure of KRW 30 million.

“The phrase “ was false.”

However, the Defendant had no intention or ability to pay the price, even if he received a plaque from the injured party, because the Defendant was not able to pay the purchase price of other plaques equivalent to KRW 80 million in bad credit.

Nevertheless, the defendant deceivings the victim as above and thereby acquired it by acquiring a full-time wear of money equivalent to KRW 30 million at the market price on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A report on investigation;

1. Application of personal credit information replies statutes;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Grounds for sentencing under Article 32(1)3 and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Order (in accordance with a copy of a written judgment submitted by an applicant for compensation, it is deemed that a final and conclusive judgment ordering the payment of the price of the previous uniforms as indicated in the judgment exists)

1. The basic area of sentencing criteria [the scope of recommending punishment] the general fraud (less than KRW 100 million): Imprisonment for six months to one year and six months (the person subject to special sentencing) for six months;

2. The Defendant, by making a specific and explicit statement, acquired the previous satisfic plaque as decided by the damaged person.

In most cases, damage has not been recovered, and the victim wanted to be punished by the defendant.

However, the defendant recognizes all his mistake.

A defendant has no record of special crimes, except for those punished twice by a fine due to a crime of different types.

The defendant made efforts to recover damage by paying a part of the amount.

Other cases, such as the age, circumstances of crimes, and circumstances after crimes of the defendant.

arrow