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(영문) 인천지방법원 2018.04.26 2018고단1391
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 23, 2017, the Defendant: “Around December 23, 2017, the Defendant calls to the Yeonsu-gu Incheon Metropolitan City Incheon District Bank for a loan of KRW 50,000,000 to pay interest of KRW 880,000 on the first day of each month to the lender at maturity by setting up an annual interest rate of KRW 20.7%; and he/she shall pay interest of KRW 880,000 on the first day of each month; and when concluding a credit transaction agreement with such content, the Defendant asked the Defendant by telephone that “A person in charge of the loan shall not be required to pay the Defendant interest of KRW 880,00 on the first day of each month.”

The answer was made to the purport of "......"

However, in fact, the Defendant had a total of KRW 180,000,000, and the principal and interest of the obligation to be paid every month was approximately KRW 5,000,000, and there was no particular property. In addition, the Defendant had no intention or ability to repay the amount of KRW 50,00,000 to the Defendant, as the Defendant had had a total of KRW 98,50,00,00,00 for loans and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and loan and

Nevertheless, on January 23, 2017, the Defendant, by deceiving the victim as above, received 50,000,000 won from a new bank account under the name of the Defendant from the victim, and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes governing tax information under the credit standing of Korea;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. 【The grounds for sentencing of Article 62-2 of the Social Service Order Criminal Act 【The scope of recommended punishment 【The scope of recommendation】 The area of mitigation [1] of the type of general fraud [1]: The victim, who neglected to conduct an examination in preparation for credit laundering, including the so-called common exchange method, is liable to increase losses even if he/she neglected to conduct an examination, 【the Decision of the Sentence 【the Decision of the Sentence 【the Decision of the Sentence · The conclusive crime in which loans simultaneously occur;

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