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(영문) 서울북부지방법원 2020.10.23 2019고단5721
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 1, 2018, the first criminal defendant called the victim B by phone at an unspecified place and made a false statement to the victim B, stating, “The amount of money paid due to the business is changed to KRW 3 million. It shall be paid only 20 days.”

However, in fact, the defendant did not own property, did not have a fixed income, and even if he borrowed money from the victim due to the lack of a real repayment plan, there was no intention or ability to repay it.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim to the account of community credit cooperatives under the name of the Defendant on the same day.

2. On October 4, 2018, the second criminal defendant made a false statement stating that “There is a need to pay money by phone call to the victim B at an unspecified place. If a second criminal defendant borrowed KRW 7 million more than KRW 7 million, he/she would pay interest of KRW 2 million after the second month.”

However, in fact, the defendant did not own property, did not have a fixed income, and even if he borrowed money from the victim due to the lack of a real repayment plan, there was no intention or ability to repay it.

Ultimately, the Defendant, by deceiving the victim as above, received 7 million won from the victim to the account of community credit cooperatives under the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. B Investigation report on the statement of the police on the statement of the suspect A (the statement that the police officer found the suspect A and the account details), investigation report (the statement that the suspect A and the account transaction details cannot be submitted), investigation report (the statement that the criminal suspect A and the account transaction details cannot be submitted), investigation report (the statement that the criminal defendant's currency and the account transaction details are the criminal defendant), investigation report (the reply of execution of the seizure warrant, the investigation report (the inquiry of the suspect's debt status as to the suspect's debt status at the time of borrowing money and the current suspect's debt status), investigation report (the analysis of the suspect's debt status

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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