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(영문) 광주지방법원 2017.09.15 2017고정1142
사기
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On October 28, 2015, the Defendant borrowed money from the construction site for securing the C safety passage in Gwangju-dong-gu, Gwangju to the victim D to pay the money to the victim D at the cost of securing the C safety passage.

“The phrase “ was false.”

However, the defendant did not have the ability to carry out land development projects, and even if he borrowed money from the injured party, such as tax in arrears amounting to about 50 million won without any separate property, he did not have the intention or ability to complete payment.

On November 1, 2015, the Defendant, by deceiving the victim, received KRW 200,000,000 from the victim to the Agricultural Bank Account (F) in the name of the Defendant’s wife E, KRW 2 million from the Defendant’s account in the name of G (H) around November 1, 2015, and KRW 2 million from November 10, 2015 to the National Bank Account in the above G (hereinafter referred to as the “National Bank Account”), and acquired it by fraud three times, including delivery of KRW 4,20,000,000 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of transactions of automation machinery, and application of Acts and subordinate statutes governing personal financial transactions;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. On the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, such as the following circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime, and circumstances of sentencing as indicated in the record.

Defendant is led to confession, and is against himself.

On the other hand, on April 2014, the defendant has a history of criminal punishment of two years of suspended execution for eight months of imprisonment for fraud.

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