logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.06.15 2016고단1039
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 12, 2013, the Defendant was thought to use the money from the victim C to repay the Defendant’s debts and living expenses, etc. even if he/she borrowed money from the victim C, and even if he/she borrowed money from the victim as the bad credit standing, there is a lack of money to raise the deposit to the victim to make a director even though he/she did not have an intent or ability to pay the money.

The phrase “be repaid within one year from the lending of money,” which received 7 million won from the injured party to the account in the name of Nong Bank (E) in the name of the defendant’s father on the same day, from the victim.

2. On April 17, 2014, the Defendant, even if having borrowed money from the victim C at the place under the preceding paragraph, did not use it to release the Defendant from seizure of the Defendant’s property, but considered to use the Defendant’s debt repayment and living expenses. Even if the Defendant borrowed money from the victim as the bad credit standing, it is difficult for the victim to live due to the seizure of property.

Along with a loan of money, a false statement stating that a part of 7 million won shall be repaid over one year, and the remainder shall be repaid over one year, and it received 30 million won in the Nong Bank account (E) in the name of D under the preceding paragraph from the injured party and acquired it by remittance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused by the prosecution (including the C statement);

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports (Submission of suspect A transaction details, etc. of passbook A);

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with labor for the crime

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Frauds No. 1 (less than KRW 100 million) (one month to one year) in the mitigated area (one year from January to one year), or a considerable portion of punishment.

arrow