logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2014.07.17 2014고단263
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 7, 2011, the Defendant made a false statement with C to the victim D that “if it is expected to open the store immediately, it is necessary to use the operating fund, it is lent KRW 17 million.”

However, in fact, the defendant had no special property at the time and had the purpose of using the money borrowed from the victim for living expenses, etc. together with C, and had no intent and ability to repay the money to the victim even after borrowing it.

From January 7, 2011 to January 14, 2011, the Defendant received KRW 17 million from the victim via the national bank account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim in collusion with C.

Summary of Evidence

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Some statements in the suspect examination protocol of the prosecution concerning C;

1. Statement of D;

1. Application of the Acts and subordinate statutes on the particulars of passbook, text and Messenger attached to the complaint;

1. In full view of the legal provisions applicable to criminal facts, Articles 347(1) and 30 of the Criminal Act, the criminal history or occupational relationship of the defendant at the time of borrowing money from the victim recognized by each evidence in the judgment of the reasons for sentencing a sentence of imprisonment with prison labor, the details of repayment after borrowing money, the equipment and actually used by the victim, and the details of the statement made by the police and the prosecution before the location of C is unknown, it is clear that there was the criminal intent of defraudation by the defendant at the time, and there is no room to regard it as causing the criminal act by coercion, and there is no possibility to regard it as causing the criminal act by coercion, and there is an attitude to escape from the criminal liability of the defendant, considering the fact that the defendant did not have the criminal intent of defraudation, and had no choice but to participate in the criminal act by assault and intimidation, and that there is no yet to recover from damage.

(b).

arrow