logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2013.03.28 2012고합419
특정경제범죄가중처벌등에관한법률위반(사기)
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On March 201, the Defendant made a false statement to the victim C by phoneing the victim C at a place where a police officer was not a policeman, and “The Defendant borrowed KRW 100 million.”

However, even if the defendant borrowed KRW 100 million from the victim, the defendant did not have the intention or ability to pay it.

On March 21, 2011, the Defendant, by deceiving the victim as such, received KRW 100 million from the victim to the Agricultural Cooperative (E) account in the name of the Defendant’s father, as the borrowed money, from the victim, and acquired it by fraud.

2. On October 24, 2011, the Defendant made a false statement to the effect that “F is obliged to get off the vehicle and sell it to the said victim. There is no money for the said victim. There is no money in the front of the snow at present, even if there is money. There is no money for the said money. There is no money in the front of the snow at present. There is no money for the said money. There is only KRW 50,000,000,000,000,000 won.”

However, the defendant did not have the intention or ability to repay even if he borrowed KRW 50 million from the victim.

On October 24, 201, the Defendant, by deceiving the victim as such, received KRW 50 million from the victim to the said Agricultural Cooperative Account in the name of D under the name of the victim as the borrowed money and acquired it by defrauded.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement made by C of a witness in the fourth trial record;

1. Statements in part of the interrogation protocol of the first and second interrogation protocol against the accused prepared by the police;

1. Each investigation report prepared by the police (verification of the credit standing of a suspect, verification of the status of the suspect's property, and verification report related to the real estate owned by the suspect);

1. Copies of the decision not to prosecute each of the Daegu District Prosecutors' Office 2012-type and 25341, 2012-type and 34902;

1. Application of Acts and subordinate statutes on the details of transactions of entry into and withdrawal from the agricultural cooperative accounts;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

2. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2 and Article 50 of the Criminal Code are added.

arrow