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(영문) 춘천지방법원 강릉지원 2017.08.09 2017고정110
사기
Text

Defendant shall be punished by a fine of one million won.

When the above fine is not paid, the defendant shall be the defendant for 10 days.

Reasons

Punishment of the crime

On August 18, 2016, the Defendant stated that “D” operated by the Defendant in Gangseo-gun D, Gangwon-gun, that “If the Defendant borrowed KRW 5 million from the loan amount to an employee in the name of the victim well-known lending corporation, the Defendant would pay the principal and interest, including annual interest 27.9%, from February 20, 2019 to February 20, 2019.”

However, the Defendant paid 30 million won to the Defendant without any specific property, and the Defendant did not have any income from the Defendant, which was used as monthly rent and living expenses, etc., so even if he borrowed the above money from the damaged party, there was no intention or ability to pay it.

The defendant deceivings the employees of the damaged person as above and acquired 5 million won from the damaged person to the Agricultural Cooperative Account under the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. Application of Acts and subordinate statutes to loan transaction agreements, the ledger of each customer, the ledger of each customer, the certificate of process of lending and borrowing of money, the certificate of debt, the current status of outstanding amount, and the certificate of supply (F).

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. To reduce part of the fines specified in the summary order by taking into account the defendant's family environment, etc., taking into account the following: reflectiveness of the sentencing of Article 334(1) of the Criminal Procedure Act; the background leading up to the instant loan (a specialized lending company by the victim); the type of the instant crime (a loan by deception of simple ability to repay); the size of defraudation; the suspension of qualifications or more criminal records;

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