logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.06.01 2017고단5205
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant operated the 'D' main points of the Gangnam-gu Seoul Metropolitan Government Dao-gu 101.

around January 2015, the Defendant changed the lessor’s deposit to KRW 30 million for the victim E.

30 million won per week shall be changed by 1.5 million won per week on the face of a week, and if the monthly sales of the main office exceeds 35 million won, 5% of the excess earnings shall be added.

The main purpose of this paper was to say that there is KRW 60,000,000,000, which can sufficiently secure KRW 30 million.

However, as the Defendant failed to pay monthly rent and management expenses, most of the monthly rent of KRW 60 million was deducted, and at the time there was a debt of KRW 200 million or more, and more than the sales expenses of the main office was spent, so there was no intention or ability to repay even if he received KRW 30 million from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) obtained the total amount of KRW 30 million from the victim to the account under the name of the Defendant on February 4, 2015; (c) KRW 500,000,000 on February 9, 2015; (d) KRW 350,000 on February 17, 2015; (e) KRW 1500,000 on February 27, 2015; (e) KRW 500,000 on March 27, 2015; and (e) obtained the transfer of KRW 500,000 on March 28, 2015; and (e) obtained the transfer of KRW 30 million on March 28, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Act and subordinate statutes to a report on investigation (information on sales of a suspect) and a report on investigation;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. The reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution are primary offenders who have no record of crime, the fact that the defendant agreed with the victim and all of the sentencing conditions under Article 51 of the Criminal Act that are shown in the record shall be determined as the same as the order.

arrow