logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.10.19 2016고단5281
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 31, 2016, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Incheon District Court, and the judgment was finalized on July 20, 2016.

On October 6, 2014, the Defendant needs to operate a 's dance institute' on the street in front of the Young-si, Suwon-si C. It is necessary to operate the 's dance institute' to the victim D.

If a person lends KRW 20 million, he/she shall be fully repaid until January 6, 2015.

Mother, mother, mother and wife will be established as joint and several sureties.

It can be fully repaid because there is a lease deposit and real estate in Macheon-owned Macheon- owned by the mother of the Republic of Korea for Pool dance institutes operated under the name of the mother.

The phrase “the phrase was false.”

However, in fact, the Defendant had a liability of KRW 100 million or more at the time, and the deposit for the lease of the said private teaching institute was limited to KRW 10 million, and the real estate owned by the mother was sold to others around October 2, 2014. Since the management status of the Defendant’s private teaching institute was difficult, even if the Defendant borrowed money from the victim during the period of repayment, the Defendant did not have any intent or ability to repay the money by the due date.

As such, the Defendant, by deceiving the victim, obtained 20 million won from the victim on the same day and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Previous records: Application of Acts and subordinate statutes to criminal investigation reports (report attached to records of decisions, etc. related to cases);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Taking into account the following: (a) the amount of damage caused by the sentencing under Article 62(1) of the Criminal Act; (b) the amount of partial principal of the sentencing appears to have been repaid; and (c) the deposit of KRW 2 million with the final and conclusive judgment; (d) the equity in the case where the judgment was rendered simultaneously with the final and conclusive judgment; and (e) the Defendant’s efforts to continue to endeavor to recover from damage; and (e) the Defendant’s age and environment, etc. shall be determined

arrow