logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.06.15 2016고단9046
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On September 30, 2005, the Defendant was sentenced to one year of imprisonment for fraud at the Incheon District Court, and the execution of the sentence was terminated at the Incheon Detention House on July 3, 2006.

[2] The Defendant, on March 13, 2008, purchased the money seized as confidential goods from the fact that he/she had worked in a customs office in the Dong-gu Seoul Metropolitan Government Department on March 13, 2008.

The phrase “ makes a false statement.”

However, the Defendant did not have any intention or ability to purchase the money from the injured party as an adult entertainment game cost, because the Defendant thought that he would use the money from the injured party without going through customs.

As such, the Defendant, by deceiving the victim, received cash of KRW 15 million from the damaged party under the pretext of its investment in the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Evidential materials;

1. Previous convictions: Inquiries about criminal history, reporting criminal investigations (Attachment to judgments of the same kind of suspect), and application of Acts and subordinate statutes to report criminal investigations (applicable to reports of suspect repeated crimes);

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. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [Article 35] General Fraud [Article 1(10 million won or less)] / [Article 1-2(1) of the Criminal Act] the same type of repeated crime [Article 1-2(1) of the Criminal Act] / The sentence was imposed which is lower than the lower limit of the recommended punishment by taking into account the following circumstances: (a) the fact that the defendant was found to have wrong offenses during the same repeated crime period; (b) the fact that the defendant was found to have committed a crime during the same repeated crime period; and (c) the circumstances that are favorable for the defendant to have committed a single criminal offense; and (d) the situation that the defendant

arrow