logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.11.19 2013고단4639
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

On November 26, 2012, the Defendant concluded that “If the Defendant borrowed money necessary for the issuance of the letter of credit to the victim H (the age of 51) in G office located in Seo-gu, Daegu-gu, 2012, the Defendant would issue 69 million won fake bill to the victim H (the age of 51).”

However, at the time of issuance of promissory notes, the Defendant had not been able to receive investments in I, etc., and whether to recover attempted bonds or not, and the closure of business was imminent because there was almost little amount of funds. Therefore, even if a promissory note is issued, it was difficult to pay the due date.

Nevertheless, the defendant deceivings the victim as above, and he received KRW 60 million from the victim on a temporary basis as the borrowed money and acquired it by deceit.

Summary of Evidence

1. The defendant's legal statement;

1. He's legal statement;

1. Application of the police statement law to H

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of sentence under Article 62(1) of the Criminal Act (i.e., circumstances favorable to the defendant among the reasons for sentencing) provides that the nature of each of the crimes of this case is inferior in light of the details and contents of each of the crimes of this case, the amount of damage, etc., and there are unfavorable circumstances such as denying part of the crime, but the defendant paid 38 million won out of the amount of damage and agreed with the victim, and there is no record of punishment except for those sentenced to a fine twice due to drinking driving, and all of the sentencing conditions, including the defendant’s age, character, conduct and family

arrow