logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2013.08.20 2013고정103
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 1, 2012, the Defendant: (a) stated that “Ddab” located in Chungcheongnam-si, Chungcheongnam-si; (b) the Defendant was committed as if she properly recruited the members of the Victim E to start the guidance; and (c) “at least 10 years old. There is no string time between them. There is no good opportunity to create the money; (d) all members were recruited; (b) the Defendant was recruited on February 10, 2012, thereby entering the fake number system.”

However, the above fraternity was lacking, and there was no intention or ability to properly operate the fraternity, or to return the fraternity, even if the defendant received the fraternity from the victim, because the fraternity of the fake number of KRW 50 million operated by the defendant was not properly paid to the fraternity.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained 3 million won under the pretext of the deposit of accounts from the victim on February 10, 2012; and (c) obtained 3 million won under the same name as of March 10, 2012, and acquired 6 million won in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E, F and G;

1. Some statements in the suspect examination protocol of the accused by the prosecution;

1. Police suspect interrogation protocol regarding E;

1. Each investigation report (investigation into telephone conversations between a senior member and a senior member, list of senior members and details of payment, number of subscription units, non-preparation of suspect facts, etc., and verification of the relation to H);

1. Application of Acts and subordinate statutes to one fraternity name group and contact information, one fraternity name group, and one copy of payment details;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (generally, choice of fines);

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is the fact that the defendant received money from the victim as stated in the facts charged and did not return the money.

arrow