logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.05.11 2017고단3850
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On April 15, 2016, the Defendant made a false statement to the victim C to make a business trip abroad if he/she borrowed 13 million won with business funds.

However, the defendant did not have any foreign brokerage business in progress, and there was no special property or income, so even if he borrowed money from the injured party, he did not have any intention or ability to repay it.

The defendant deceivings the victim as above and received 13 million won from the victim's account (E) on May 12, 2016.

2. On May 27, 2016, the Defendant: (a) at a new wall church located in the party branch of Gyeonggi-do, the victim C cannot provide money to the victim C because of the entry of a commission for overseas brokerage business; (b) the account is seized; and (c) in order to transfer money to another account, the Defendant would be able to pay money to the victim C within three days with the money borrowed prior to the borrowing of the bank fee by lending KRW 7.5 million to the bank fee.

The phrase “the phrase was false.”

However, the defendant did not have any foreign brokerage business in progress, and there was no special property or income, so even if he borrowed money from the injured party, he did not have any intention or ability to repay it.

The defendant deceivings the victim as above and received 7.5 million won in cash from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A certificate or certificate of borrowing;

1. Account transactions;

1. Report of investigation (execution of warrant of search and inspection of evidence) (the defendant and defense counsel had no fact of deceiving the victim and had the intent and ability to repay the borrowed money at the time;

The argument is asserted.

According to the evidence duly adopted and examined by this Court, the following facts can be acknowledged:

(1) The defendant is a business fund, such as brokerage and trade, to borrow money from damaged persons.

arrow