logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.09.01 2016고단959
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 13, 2014, the Defendant, at the D office operated by the Defendant in Jung-gu Seoul Metropolitan Government on June 13, 2014, made a false statement to the effect that “The amount of KRW 12 billion is always prepared, and the amount of KRW 12 billion is added to KRW 5 billion for the business fund required for correspondence, and immediately raising KRW 7 billion on June 19, 2014. Accordingly, first of all, the Defendant made a false statement to the effect that “The amount of KRW 140 million out of KRW 7 billion out of KRW 2 billion out of the amount of KRW 7 billion, and the remainder of KRW 40 million is changed later.”

However, the Defendant’s office did not have any of the above KRW 7 billion at the level of Spancom, and the Defendant was economically difficult to raise the amount equivalent to KRW 1.2 billion in personal debt, KRW 700 million in arrears, and KRW 300 million in property tax. In addition, even if the Defendant attempted to raise KRW 7 billion in property tax through F, a third party, which is a corporate bond Bracker F, the possibility of procuring KRW 7 billion is unclear without a specific plan for raising KRW 7 billion, and even if he did not inform the victims of such fact, he did not have any intent or ability to raise the amount of KRW 7 billion in business fund to the victim by June 19, 2014.

As such, the Defendant, by deceiving the victim, received a total of KRW 140 million from the victim, including KRW 100 million and KRW 40 million on June 30, 2014, as the same day starting money from the victim, and acquired it by deception.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Each prosecutor's protocol of examination of the accused (including E and F large part);

1. Statement to E by the police;

1. Application of each receipt statute;

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

1. The suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.

arrow