logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.10.06 2016고단5058
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On August 12, 2016, the Defendant was sentenced to one year and four months of imprisonment for fraud at the Incheon District Court (the appeal against imprisonment with labor for two months is dismissed) and the judgment became final and conclusive on the 30th of the same month.

【Criminal Facts】

Around August 20, 2015, the Defendant stated that “The Defendant shall pay the victim C money with a great amount of work at a large number of occasions,” from the perspective of the inside and outside of the Sung-gun, Kim Sung-gun, Gyeong-gun, Gyeong-gun, and that “The Defendant shall not be only one month from which he/she raised an objection.”

However, in fact, the defendant did not think that he will work as a multiple employee, such as escape from a large number of money received in advance, using money for living expenses, etc., and did not have any special property or income. Therefore, even if he borrowed money from the victim, he did not have any intent or ability to repay it.

Nevertheless, on August 21, 2015, the Defendant, by deceiving the victim as above, received KRW 4 million from the victim to the account of community credit cooperatives under the name of the Defendant on August 21, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. Previous records: Application of criminal records records, etc., Incheon District Court Decision 2014 high-ranking7484, etc., 2016 high-ranking2596, Supreme Court Decision 2016 high-ranking2596, investigation report (report attached to a copy of the final decision of the relevant case) and statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act not only has the record of having been punished several times for the same crime, but also the crime of this case is committed during the same repeated crime period, and the damage recovery or no agreement has been reached, etc. are contrary to the unfavorable circumstances. The latter part of the judgment and the latter part of Article 37 of the Criminal Act are concurrent crimes.

arrow