logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2021.01.21 2019고단1913
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On November 2014, the Defendant borrowed the expenses to the victim B, who is an elementary school, due to the lack of inheritance tax, attorney fee, etc., and did not receive inheritance, the Defendant would complete the payment within the month of inheritance.

“A false statement was made to the effect that it was “.”

However, the Defendant did not know at the time of inheritance, but did not know whether there was property to be inherited, and did not have any special property at the time, and did not have any financial status due to the absence of a certain occupation. Therefore, even if the Defendant borrowed money from the injured party, it did not have the ability to repay the money within the agreed time limit.

Nevertheless, on November 24, 2014, the Defendant received KRW 1.3 million from the injured party to the account (D) in the name of the Defendant, as attorney fees, and acquired the total amount of KRW 16,802,00 from the injured party eight times in total, such as the list in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to B;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution is that the crime of this case is not likely to be committed by deceiving the defendant by deceiving the damage.

Defendant has been punished six times for the same crime.

The defendant recognizes his own crime.

The defendant does not want the punishment of the defendant by agreement with the victim.

In addition, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, family relationship, motive and circumstance of each of the crimes of this case, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as ordered.

arrow