logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2015.01.23 2014고단492
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

[Criminal Power] On September 12, 2013, the Defendant was sentenced to eight months of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) in the Seosan Branch of the Daejeon District Court on September 12, 2013, and

【Criminal Facts】

The Defendant, around 201 and around 2012, is liable for a debt worth KRW 350 million, and there was almost no income. Therefore, even if the Defendant borrowed money from another person, there was no intention or ability to repay the debt.

Nevertheless, the Defendant, on September 16, 201, lent money to the victim D within two months from the date of lending money from the E Apartment Management Office at the time of Jinjin-si on or around September 16, 201, and received KRW 13.5 million from the victim as the loan from the victim, and ② On October 6 of the same year, if the Defendant borrowed money from the victim at the above place, he/she would make a false statement that he/she would combine the money he/she has previously lent to the victim within two months, and received KRW 9 million from the victim as the loan from the victim, and ③ if he/she lends money to the victim from the G Judicial scrivener Office at Jinjin-si, Seoul Special Metropolitan City on or around February 7, 2012, he/she would make the money he/she lent in advance to the victim within one month and received KRW 3 million from the victim as the loan from the victim, and acquired the sum of KRW 25 million from the victim.

Summary of Evidence

1. Legal statement of witness D;

1. The police statement of H;

1. The loan certificate;

1. A real estate sales contract;

1. A list of transactions of self-reliance deposits;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders and the Promotion, etc. of Lawsuits;

arrow