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(영문) 창원지방법원 2016.11.24 2015고단3518
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 27, 2007, the defendant made a false statement to the victim E, who works for the defendant's house home care care at the defendant's office located in Yongsan-gu, Youngdong-gu, Busan Metropolitan City, and the defendant's home care expenses, "if he lends money to the children who are high school students and their children need to do so, he shall pay one copy of the monthly interest and pay the principal when necessary."

However, at the time of fact, the defendant's husband's business aggravated at the time that the family economy is difficult, and there was no intention or ability to repay the borrowed money even if the defendant borrowed money from the victim due to no special income.

The Defendant, as such, deceiving the victim and received five million won on the same day from the victim, and from September 20, 2009 to September 20, 2009, received a total of 58 million won throughout 11 times as shown in the annexed crime list, and acquired it by deception.

Summary of Evidence

1. Court statement of the defendant (the fifth court date);

1. Each legal statement of witness E and F;

1. Investigative report (the attachment report of a suspect G fraud case to the husband of the suspect);

1. Application of Acts and subordinate statutes to the head of a trading office on-line self-reliance deposits, a complaint, a copy of a document for borrowing money, a liquidity transaction inquiry, a copy of passbook;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] General Fraud (less than KRW 100,000) mitigated area (one month to one year) [Special Mitigation], or where considerable damage has been recovered [decision of sentence] / The defendant / The defendant / the victim who has been placed in his house with his house / her own house with his / her own house and acquired large amount of money and neglected to make efforts to repay damage while living for a long period of escape after committing the crime, and the full amount of damage has not yet been paid.

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