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(영문) 부산지방법원 2014.07.11 2014고단673
사기등
Text

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

Reasons

Punishment of the crime

On September 1, 2010, the Defendant was sentenced to a fine of one million won as a crime of attempted fraud at the Busan District Court on September 1, 2010, and on May 2, 2013, the same court was sentenced to a suspended sentence of two years for a year of imprisonment for fraud, and the judgment became final and conclusive on May 10, 2013.

1. On March 2012, at the early stage, the Defendant made a false statement that “If he/she borrows studio through a studio and makes an investment in a business that obtains profits by again leasing studio to another person (hereinafter referred to as “the continuous “number of days”), the principal shall be guaranteed at 100%, and 10% of the principal of each month may be received regardless of the business failure, regardless of the business failure.” In addition, the Defendant made a false statement to the effect that “The principal and the profits shall be paid at once once after one year.”

However, in fact, the Defendant was thought to use the money received from the victim as a siren project cost or personal living cost, etc., and there was no ability or intent to conduct the said “number of days” project.

On April 13, 2012, the Defendant, by deceiving the victim as above, received 35 million won in the name of studio deposit from the national bank account in the name of the Defendant to the bank account in the name of the Defendant, and continued to receive 85 million won in total, such as receiving 50 million won in the name of studio deposit from the national bank account in the name of the Defendant on May 23, 2012.

2. On January 2, 2013, the Defendant in violation of the Resident Registration Act applied for TV and Internet services in F’s name using F’s resident registration number without obtaining the consent of F, who is an employee under his or her name, at a non-existent place.

Accordingly, the defendant used F's resident registration number unlawfully.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement with respect to E and F, written application, and each description of transactions;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records, and reports on criminal investigations;

1. Article 347(1) of the Criminal Act (Fraud) and Article 37 of the Resident Registration Act concerning the crime.

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