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(영문) 의정부지방법원 2014.09.15 2014고단1604
사기
Text

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

Reasons

Punishment of the crime

1. On March 10, 201, at the victim C’s house located in Gangnam-gu Seoul Metropolitan Government D apartment 107 Dong 615 on March 10, 201, the Defendant made a false statement to the victim C that, even if he/she borrowed money from another person without any special occupation or property around that time, he/she does not have the ability to normally repay the money, and it is necessary to cover travel expenses as there is no good reason to cover the expenses. At the last time, the Defendant made a false statement to the victim C that he/she was unable to pay the money from another person, even if he/she borrowed money from another person without any special occupation or property.

Ultimately, the Defendant received KRW 17,300,000 from the victim to the F account in total from the victim from around 31, 201, from that time to October 31, 201, totaling KRW 17,30,000 from the victim as stated in the attached Table 1-5, 7-8.

2. On July 23, 2011, in the Gangnam-gu Seoul Gangnam-gu D Apartment Park, the Defendant made a false statement to the victim G that “The Defendant would repay money to the victim G at an rapid time, because he did not have any special occupation or property at that time, even if he/she borrowed money from another person, he/she did not have an ability to repay money normally.”

Ultimately, the Defendant received KRW 300,000 from the victim to the Defendant’s account from the victim from May 24, 2012, including transfer of KRW 37,328,600, in total, from the victim by 32 times from May 24, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Second prosecutor's protocol of interrogation of the accused (including the interrogation and C's statement part);

1. Each police statement concerning G and C;

1. Copy of the certificate of cash custody and details of financial transactions;

1. Application of Acts and subordinate statutes on the details of transactions by entry, withdrawal, and inquiry into the details of transactions, cash custody certificates, and account transactions;

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment

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