logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2013.05.24 2012고단3904
사기
Text

In regard to the crimes of No. 1 in the crime list in the judgment of the defendant, the crimes of No. 2 and No. 2 to 5 are committed.

Reasons

Punishment of the crime

[Criminal Power] The defendant was sentenced to imprisonment with prison labor for not less than one year and two months at the Changwon District Court on April 28, 2011, for fraud, etc.

6.7 On August 10, 201, the said judgment became final and conclusive, and the execution of the sentence was terminated in the Changwon Prison.

【Criminal Facts】

At around 19:00 on March 5, 2010, the Defendant made a false statement to the effect that “The Defendant would sell 60 tons of the down payment of KRW 11 million to KRW 300 per kilogram 300 won per kilogram 11,000,000 to the victim F in an agro-industrial complex located within the Giman-si.”

However, in fact, since the above scrap metal was not owned by the defendant, the defendant did not have the intention or ability to sell the said scrap metal even if he received the money from the victim.

Nevertheless, the Defendant deceiving the victim and received KRW 10 million from the victim’s seat, i.e., receiving KRW 10 million from the victim’s seat to the Defendant’s account, and received KRW 10 million from around that time to May 10, 2012 from around five times as follows: (a) deceptions the victims as follows; (b) one million won from the victim F; (c) one million won from the victim C; and (d) one five million won from the market price; and (e) five million won from G, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G, F, and C;

1. Each investigation report (to listen to each telephone call);

1. Before ruling: Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (a copy of judgment, etc.);

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the choice of applicable criminal facts (a comprehensive imprisonment with prison labor for victims C);

1. Article 35 of the Criminal Act among repeated crimes (as to each crime listed in the table 2 to 5 of the crimes committed before and after the market is made)

1. The judgment of the latter part of Article 37 and Article 39(1) of the Criminal Code to treat concurrent crimes is based on the sequence 1 of the list of crimes in the judgment.

arrow