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(영문) 수원지방법원 2017.05.18 2016고단6087
사기
Text

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

Reasons

Punishment of the crime

Defendant, who had engaged in printing advertising in the Philippines,

person is a person.

On February 2, 2014, the Defendant’s house in front of the Liart set in C in detail in the Philippines around around 2014, with the victim D (the age of 45 per party) the lease of the Liart accommodation in detail is able to make profits.

If an investment of KRW 80 million is made, the passenger room is leased in advance to the tourists, and the amount of KRW 1 million per month, which is a half of the profits accruing from the receipt, shall be transferred to the tourists, and the principal amount of KRW 80 million shall be returned at any time within the month when a request for return is made.

The purpose of this is that if the rent of a set of guest room is guaranteed, the full amount of rent of 80,000,000 won would be left without a mold, and the return would be made immediately with the money stored in the passbook, etc. at the time of the return request. However, the defendant had no intention or ability to leave the amount of rent of 1,00,000 won per month as agreed.

Around February 14, 2014, the Defendant acquired 80 million won under the name of head of Tong E from the damaged person on the said false statement and acquired it by fraud under the name of investment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the D's statement);

1. Statement made by the police against D;

1. Certificates of cash custody and detailed statement of each bank transaction;

1. Application of Acts and subordinate statutes to report on investigation (related to hearing of statements by reference F and telephone);

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the grounds for sentencing of sentence of imprisonment [the scope of recommending punishment] [the grounds for sentencing of sentence] in general frauds in the basic area (six months to one year and six months) [the person who is subject to special sentencing] [the decision of sentencing] [the amount of fraud in this case is large, the amount of fraud in this case was not agreed with the victim, and the damage was recovered.

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