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(영문) 대전지방법원 천안지원 2017.02.24 2016고정826
사기
Text

The sentence against the accused shall be 1.5 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On December 4, 2012, the criminal defendant against the victim B is urgently needed for the victim B to perform funeral services in the southwest of the Seoul.

It shall be repaid without any molding with the loan of money.

The phrase “ makes a false statement.”

However, in fact, the defendant was thought to consume the money received from the injured party as hospital expenses, etc., and there was no intention or ability to repay the money to the injured party even if he borrowed money from the injured party due to no particular property or revenue.

As such, the Defendant, by deceiving the victim as such, obtained money from the victim for the purpose of borrowing from the victim on December 15, 2012, and acquired money by remittance of KRW 2.5 million on December 14, 2012, including KRW 1 million.

2. On March 31, 2014, the Defendant against the victim D ought to issue money to the victim from “G” operated by the victim F in Asan-si E, Asan-si to “G” to the Chinese government in Seoul, but he/she had to enter China.

It is urgently required to pay money, which is 2.5 million won, and shall be repaid within five days per share.

The phrase “ makes a false statement.”

However, the defendant was thought to consume the money received from the injured party due to living expenses, etc., and there was no intention or ability to repay money within five days even if he/she borrowed money from the injured party due to no particular property or revenue.

As such, the Defendant, by deceiving the victim, received 2.5 million won on March 31, 2014 from the victim as the borrowed money from the victim and acquired the money by defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D and B;

1. Application of Acts and subordinate statutes on the certificate of confirmation of transfer, detailed statement of transaction, and detailed statement of transaction of automated machines to enterprise banks;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.

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