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(영문) 서울북부지방법원 2013.03.28 2012고정3447
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 15, 2011, the Defendant was sentenced to the suspension of the execution of six months of imprisonment for fraud at the Seoul Northern District Court on December 23, 201, and the said judgment became final and conclusive on December 23, 2011.

The defendant came to know of the victim C and around 2005 through the introduction of workplace compensation to the victim.

On October 20, 2009, the Defendant made a false statement stating that “The Defendant shall faithfully pay the deposit amount to the victim who intends to organize and operate a number meter (which consists of a total of 26 persons, each 400,00 won, each month, and the time deposit amount shall be paid in 50,000 won each month from the following month of the month) at an irregular land.”

However, the Defendant had no intent or ability to continue to pay the fraternity even if he/she had invested in the multi-level program from the relative, etc. at the time, but has failed to pay the fraternity due to economic difficulties, such as failure.

After all, the Defendant received KRW 10,180,00 from the victim with the time limit money around January 23, 2010 and fraudulently acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Making inquiries into the copies of the account books and the details of remittance;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to the summary agreement auxiliary to the case;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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