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(영문) 전주지방법원 2019.03.20 2018고단2378
사기
Text

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

Reasons

Punishment of the crime

[Criminal Power] On October 12, 2018, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Jeonju District Court on October 12, 2018 and the said judgment became final and conclusive on October 20, 2018.

【Criminal Facts】

1. On January 25, 2016, around January 2016, the Defendant stated, “Around January 25, 2016, the Defendant: (a) the victim’s residence of the victim C in Kim Jong-si, Kim Jong-si, stated, “Isked his/her husband and wife are studying in the UK; (b) he/she enters the UK with a large amount of money; (c) if the public book can be repaid upon the completion of the loan, I would return money immediately; and (d) the interest will also be paid in duplicate.”

However, at the time, there was no intention or ability to pay interest or pay principal on the ground that the defendant had a debt exceeding KRW 50 million and that he would use it to pay other debt even if he received money from the victim.

As above, the Defendant, by deceiving the victim and deceiving the victim from the victim to the D Account under the name of the Defendant, received a total of KRW 5 million around January 25, 2016, and KRW 4.7 million around January 26, 2016, and acquired 9.7 million from the victim.

2. On February 2, 2016, the Defendant: (a) around February 2, 2016, at the residence of the said victim, lent money to the victim for his/her study abroad; (b) the Defendant borrowed money of KRW 30 million,00,000,000 for his/her father’s expenses; (c) as such, the Defendant would pay interest without the mold; and (d) the principal plus KRW 10,000,000,000,000 for the loan was paid by April 26, 2016.

However, as seen earlier, the Defendant did not have any intention or ability to pay interest, or to pay principal in time.

As above, the Defendant, by deceiving the victim, received a total of KRW 30 million, including KRW 20 million, around February 2, 2016, and KRW 10 million, around February 3, 2016, from the victim to the D Account under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of transfer;

1. Previous records: Criminal records, previous records and results of confirmation of dispositions, and application of statutes governing the judgment;

1. Relevant provisions concerning facts constituting an offense;

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