logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.01.09 2013고단5675
사기
Text

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

Reasons

Punishment of the crime

1. Around October 4, 2011, the Defendant committed the crime against the victim B made a false statement to the victim B, stating, “If he/she has invested in money in the business of purchasing and returning an apartment in Ulsan Island, it has a lot of profit.” However, he/she made an investment in the same book 200 million won. If he/she lends money, he/she would make every three copies of monthly interest.”

However, in fact, the Defendant had a debt amounting to KRW 50 million at the time, and even if she borrowed money from the victim, he/she did not have the intent or ability to pay the debt amount to the victim because he/she was used or thought to use it as a cost of living.

The defendant acquired 60 million won in total, including 30 million won on the same day and 30 million won on January 30, 2012, from the victim's Busan Bank account for borrowing money.

2. On December 2012, the Defendant made a false statement to the victim C by phoneing the victim C at a place in which a police officer was not a police officer at early December 2012, 201, stating that “I would raise a lot of profits by investing in shares. When an election is held, I would like to pay the principal after one month of lending money. I would like to know the interest after one month.”

However, in fact, the defendant had a heavy obligation of KRW 90 million, and was thought to be used as the personal debt repayment and living expenses with the said money, and there was no intention or ability to repay it to the victim.

The defendant acquired 8 million won from the victim to the agricultural bank account of the defendant for the same day on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Police Statement Act to B and C

1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

arrow