(영문) 서울중앙지방법원 2014.05.16 2013고단7159

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2014.05.16 2013고단7159

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 15, 2010, the Defendant stated that “The Seoul Gangnam-gu D building has been sold at 2.3 billion won, and only if it is awarded a successful bid, two times can be said to be sufficient. If there is sufficient money to have already been invested in 100 million won, the Defendant loaned money. If the Defendant borrowed money, he would receive profits by investing in the auction of the above building and return the principal until October 15, 201 when the business is completed.”

However, there was no fact that the above building was sold by auction, and even if the defendant borrowed money to the victim due to the lack of economic situation at the time, there was no intention or ability to return the borrowed money to the victim after receiving a successful bid at the auction.

On June 10, 2010, the Defendant received 17 million won in cash from the victim in the coffee shop near the Gangnam-gu Seoul Metropolitan Government (Seoul), and around the 16th day of the same month, the Defendant received 5 million won in cash from the company bank account (E) in the name of the Defendant and received 37 million won in total over 13 times, as shown in the attached list of crimes.

Accordingly, the defendant, by deceiving the victim, received property from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to the complaint;

1. The grounds for sentencing [the scope of recommending punishment] of Article 347(1) of the Criminal Act in relation to criminal facts and Article 347(1) of the choice of punishment [the scope of recommending punishment] of Article 1 of the General Fraud (the amount of less than 100 million won) [the amount of damage [the decision of sentencing] is 47 million won in total and the amount of damage has not yet been recovered at all. In light of the fact that the damage has not yet been recovered, a sentence on the defendant is inevitable.

However, it shall be considered in favor of the defendant's wrong, and the age and age of the defendant shall be also considered.

참조조문

-형법 제347조 제1항

유사 판례

-수원지방법원 안산지원 2018.06.12 2018고정39

-대구지방법원 2014.08.14 2010고단4119 (1)

-서울중앙지방법원 2014.09.24 2014고정48

-인천지방법원 2015.10.29 2015고단2384

-서울중앙지방법원 2013.01.16 2012고단5011