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(영문) 대구지방법원 2014.09.18 2014고단2430
사기
Text

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

Reasons

Punishment of the crime

1. The Defendant committed the crime against the victim C at a coffee shop in which the trade name located in the Newcheon-dong, Daegu-dong, Daegu-gu, on July 2010, the Defendant stated to the effect that “The Defendant loaned money to the victim C, because he/she could have a reliance on having a reliance on having a reliance on money, and the husband in the Republic of Korea operates a mushroom farm and is receiving five million won of the cost of living.”

However, the Defendant did not have any particular property and income, and did not receive five million won from her husband, so even if she borrowed money from her husband, there was no intention or ability to pay the money.

Accordingly, the Defendant, by deceiving the victim as such, received KRW 1.5 million from the victim on July 7, 2010, KRW 1.5 million around July 11, 2010, KRW 7.5 million around July 12, 2010, and KRW 17 million from the victim’s wife, and received KRW 7 million from the Defendant’s husband’s wife’s wife’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s wife’s husband’s wife’s husband’s wife’s wife’s transfer, etc.

2. The Defendant committed the crime against the victim D on December 2, 2010, committed a false statement to the victim D, who is the births of the said victim C, in the frequency near the Youngdong-gu, Nam-gu, Daegu, as set forth in paragraph (1).

As a result, the Defendant received KRW 20 million from the victim by deceiving the victim as such, and transferred KRW 20 million to the account under the name of the Defendant around January 3, 201, and received KRW 40 million in total around January 26, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Some statements made by the prosecutor's protocol of interrogation of the accused (including E statements);

1. Cash loan certificate or loan certificate;

1. Copies of each bankbook and particulars of the bankbook;

1. Application of Acts and subordinate statutes to investigation report (the confirmation of details of payment by complainant C);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. From among concurrent crimes, the accused under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act

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