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(영문) 청주지방법원 2013.12.27 2013고단748
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 23, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Cheongju District Court for one year, and the judgment became final and conclusive on October 1, 201. On August 14, 2012, the Cheongju District Court sentenced two years of suspension of execution to one year and six months of imprisonment with prison labor for fraud, etc., and the judgment became final and conclusive on August 22, 2012.

【Criminal Facts】

On October 14, 2005, the Defendant sent it to the victim D, the seat of the victim C, in front of the Seoul Cheongju District Court, which was located in the Soak-gu Suwon-si, Chungcheongnamdong District Court, “I will import and deliver a passenger car in the year 2000 S50 bentts to the victim within two months.”

However, in fact, the Defendant was a bad credit holder at the time, and there was no property in the situation where the credit card payment obligation was approximately KRW 500-60,000-6,000 due to the operation of the business, and the obligation was approximately KRW 200,000,000,000 due to the operation of the business, and the Defendant’s business operated by the Defendant was imported and sold at home upon the purchase of a motor vehicle which is a stolen property from a foreign country, and thus, the ordinary vehicle importer cannot deliver a specific type of motor vehicle within the agreed period unlike the ordinary vehicle importer, and even if the Defendant received the above money from the victim as the purchase price for the benz motor vehicle, it was considered to use it as business fund

The Defendant, as above, by deceiving the victim through D, received a total of KRW 40 million from the victim, a total of KRW 20 million cashier’s checks, which was issued by the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness C and D;

1. Statement of the police statement regarding C;

1. A copy of the self-collection ticket or loan certificate;

1. Previous records of judgment: A inquiry report on criminal records, etc., previous records of dispositions and confirmation reports, each investigation report (report accompanied by a written judgment), and application of each statute of a judgment;

1. Criminal facts;

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