logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.07.13 2016고단2185
사기
Text

A defendant shall be punished by imprisonment for one year.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant around January 13, 2014, at the defendant's office located in Gangseo-gu Seoul Metropolitan Government, the defendant lent money to the victim B through a person who is the D president and received interest.

The defendant, at the time, was planning to use not only the intent or ability to pay the money but also the money received from the injured party, even if he/she did not have any special property but also borrowed the money from the injured party in the situation of 100 million won of the debt.

The Defendant received KRW 10 million from the damaged person to the account in the name of the Defendant on the same day as the loan money, and acquired it by money, and also received KRW 218,163,109 in total from the damaged person on 33 occasions from around the above day to August 18, 2015, such as the list of crimes in attached Table 33 times from around the above day to August 18, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Investigation report (E telephone conversations);

1. Inquiry of transaction details;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for the sentencing of Article 25(3)3, Article 32(1), and Article 32(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an Application for Compensation Order [the scope of the recommended sentence] [the scope of the punishment] general fraud [the scope of the punishment]] has no basic area (one to four years) (one year and four years) [the sentence] [the sentence]. The contents and methods of each crime in the holding, the amount of fraud, the amount of repayment, the amount of repayment exceeds 10 million won, taking into account the Defendant’s age, sexual behavior, the circumstances after the crime, etc., and all the sentencing factors indicated in the records and theories of this case including the records and changes.

arrow