logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.05.15 2015고단712
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. On March 20, 2013, the Defendant: (a) around March 20, 2013, at the victim C’s 2nd floor of the Busan Metropolitan Transportation Daegu Building (hereinafter “D”); (b) around March 20, 2013, the Defendant: (c) made a false statement to the effect that, even if the Defendant received investments from the victim in the second floor of the 2nd floor of the Busan Metropolitan Shipping Daegu Building, the Defendant was unable to intend to return the profit and the principal thereof; (d) provided that, even if the Defendant did not have any intent or ability to return the profit and the principal thereof, the Defendant received a transfer from the victim under the name of the Defendant’s account in the name of the sum of KRW 21,000,000,000,000 from the victim on the 20th of the same month; and (e) under the name of the Defendant’s account in the name of the said 250,500,000 won.

Accordingly, the defendant was given property by deceiving the victim.

2. On May 16, 2013, the Defendant: (a) around May 16, 2013, at the place indicated in paragraph (1) around May 16, 2013; and (b) even if the Defendant received KRW 5 million from the victim, the Defendant would transfer the instant officetel to the victim because the 15th floor of the marine transportation Daegu Etel was in excess of the gambling board; and (c) even if the Defendant did not have any intent or ability to transfer the name of the instant office, the Defendant would transfer the instant officetel to the 35 million owner; (d) on the other hand, she would have received KRW 5 million from the victim’s account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement of the third police suspect interrogation protocol against the accused;

1. Statement made to C by the police statement;

1. Application of Acts and subordinate statutes described in Chapter III of the details of transactions, such as investigation reports (Attachment of details of financial transactions), investigation reports (for places using details of financial transactions), and investigation reports;

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

1. The Criminal Act among concurrent crimes.

arrow