logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.06.28 2016고단799
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On February 11, 2011, the Defendant, at the Han Young-ro Office, located in the Sinsan-ro 61 (U.S. grassland) of a member of Ansan-si, the Defendant, “A, who has made an investment in another company, has temporarily experienced financial difficulties due to the company’s bankruptcy.

If money is borrowed, it shall be repaid within three months.

“A false statement” was made.

However, the Defendant did not have any particular active property at the time of February 201, while the Defendant did not have any intent or ability to make any changes within three months even if he borrowed money from the damaged person, on the ground that he was liable to pay approximately KRW 80,000,000,000 in total from the total amount of KRW 300,000,000,000,000 per month, and that he was liable to pay approximately KRW 11,00,000,000 in total.

The Defendant, as above, by deceiving the victim and receiving the remittance of KRW 50 million from the victim as the loan money on the same day, and from June 22, 201, the Defendant acquired the money by transfer of KRW 280,000,000 from that time to June 22, 201 through the above method as stated in the list of crimes in the attached Form.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on account transactions;

1. The grounds for sentencing [the scope of recommending punishment] of Article 347(1) of the Criminal Act and Article 347(1) of the selected criminal punishment [the scope of recommending punishment] of general fraud [the grounds for sentencing of types 2 (not less than KRW 100 million, but less than KRW 500 million) [the sentence] of imprisonment with prison labor for not less than 2.8 million (the decision of sentencing], and the amount obtained by deception of two years is less than 2.8 million, and the degree of deception is not less than that of deception and the amount of damage has not been paid at all, as ordered in the Disposition.

arrow