logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2013.11.07 2013고단837
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From around 2007, the Defendant had a bad credit standing on the wind that he could not repay the loans of financial rights, and there was no particular revenue source, such as particular profits or losses, in the restaurant operated by the Defendant’s mother’s mother.

The defendant, at the office of the victim D in the end of the end of the end of December 2011, and even if he borrowed money, he shall use it for the business fund.

Notwithstanding the absence of the intent or ability to repay it, “A person who lends a restaurant with interest of KRW 1 million per month and KRW 20 million until October 9, 2012” was remitted from the victim to the account under the name of the Defendant on February 28, 2012.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Legal statement of witness D;

1. The certificate of borrowing (or 20 million won);

1. Application of Acts and subordinate statutes on remittance of bankbooks

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's assertion and his defense counsel regarding the order of provisional payment pursuant to Article 334 (1) of the Criminal Procedure Act alleged that the defendant directly opened a restaurant of the defendant at the time when he borrowed KRW 20 million from the victim, that the defendant lent money to the defendant when he borrowed KRW 30 million from the victim, or that he did not lend money by the defendant's deception. However, the defendant did not lend money to the defendant. However, the following circumstances acknowledged by the above evidence are acknowledged as follows: (a) the defendant borrowed money from the victim when it is necessary to operate a restaurant, and the defendant used money for another purpose; (b) the defendant was in a bad credit position at the time; and (c) it is difficult to pay interest for KRW 30 million borrowed from the defendant.

arrow