(영문) 서울북부지방법원 2013.09.26 2013고단764

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2013.09.26 2013고단764

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

The Defendant was a person in charge of the electrical duties at the Domart (former E) store located in Dobong-gu Seoul Metropolitan Government, and there was no interest other than monthly wage of KRW 1.9 million, and there was no intention or ability to complete the payment even if he borrowed money from others even though he borrowed money from others.

Nevertheless, around April 27, 2012, the Defendant borrowed KRW 10 million in cash in the name of the Defendant’s account in the name of the Defendant’s bank immediately from the victim G who works for the management office in the Seoul Special Metropolitan City, Nowon-gu F building management office around April 27, 2012, to the effect that “on April 10, 2012, the Defendant borrowed NA’s guarantee from the company to the company as urgent. When lending money, the Defendant made a false statement to the effect that “on June 5, 2012, all principal and interest shall be repaid” (i.e., the card payment date), and (ii) received money from the victim immediately from the victim to the account in the name of the Defendant.

From around that time to November 24, 2012, the Defendant deceivings the victim as shown in the list of crimes in the attached Form, and then acquired a total of KRW 30 million from the victim to the bank account in the name of the Defendant and the new bank account in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes to the Internet banking transactions, trading details, and each investigation report;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. The sentencing of Article 62(1) of the Criminal Act is related to a victim of the reason for sentencing under Article 62(1) of the suspended sentence. The sentence shall be determined as ordered in consideration of the following: (a) there is an agreement with the victim; (b) the victim wishes to have his/her wife rapidly known; and (c) the defendant should care for his/

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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