logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2015.11.26 2015고단2989
사기
Text

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

Reasons

Punishment of the crime

The defendant is a ship of Chinese nationality.

On March 25, 2015, the Defendant stated that “A victim D, who is a ship of Chinese nationality, who entered the Republic of Korea from the Defendant’s house located in Sinsi-si, Sinsi-si, who has entered the Republic of Korea, shall make a loan of casino funds to Chinese tourists in cash and receive a credit card from the Chinese tourists at the hotel. A business with a safe business and a large amount of money, if it lends the Chinese money 3.60,000 won (Korean KRW 68,520,000) to B, the Defendant shall return the said bill to B in one month, plus interest.”

However, as seen above, the Defendant did not run a business of lending casino funds in cash at a foreigner-only casino, and there was no future plan, and the Defendant was expected to borrow money from the victim to use it as casino gambling money.

Nevertheless, the Defendant, as seen above, received respectively a false statement from the victim to the national bank account in the name of the Defendant, on March 25, 2015, and on March 27, 2015, from the Chinese currency 90,000 Chinese currency from March 27, 2015, and used both the casino gambling money, thereby taking the Defendant’s 360,000 Chinese currency (Korean currency 68,520,00 won) into account.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint filed in D;

1. The loan certificate;

1. An exchange rate table;

1. Application of Acts and subordinate statutes to an investigation report (as to a suspect A's certificate of confirmation of an account in the national bank account and a deposit certificate attached);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing choice of sentence of imprisonment [the scope of recommending sentence] General Fraud (less than KRW 100,000) and the basic area (within six months to one year and six months) [the decision of sentencing] [the decision of sentencing] unfavorable: The crime of this case is a business fund for the victim by taking advantage of trust relationship with the victim who has a long-standing sexual arrest.

arrow