logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2016.04.15 2015고단843
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 2012, the Defendant made a false statement to the effect that “The Defendant would be entitled to a higher amount than the end number d, in particular, to join the number world” at the coffee shop in the city of Tong Young-gu, 2012, and that “The Defendant would be allowed to withdraw the fraternity by maintaining the world normally.”

However, at the time of the fact, the defendant organized the above system under the pretext of repayment to D, his creditor, and paid the fraternity instead of payment. Thus, the defendant must pay approximately KRW 13 million each month, but the victim was maintained normally and the victim was able to withdraw the fraternity, but at the time, the defendant had a large number of personal liabilities without any specific property, but there was no intention or ability to allow the victim to receive the fraternity normally even if the victim paid the fraternity by failing to notify the victim, even though the above fraternity was paid to prevent the so-called return.

Ultimately, from August 2012 to July 2013, the Defendant obtained the delivery of KRW 5,1840,000 to KRW 5,1840,00 per month in total, from the damaged person, under the pretext of a deposit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution ( considered favorable circumstances among the reasons for sentencing as follows) [the scope of recommendation] general fraud [Article 62(1) of the Criminal Act [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1) of the Act on the Suspension of Execution [Article 62(1) [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1) of the Act on the Punishment of Specific Fraud [Article 1(1)-1 year] [Article 62(1) of the Act on the Suspension of Execution [Special Mitigation]

In addition, the records and arguments of this case, such as the defendant's age, sex, environment, and motive of crime, are shown.

arrow