(영문) 서울북부지방법원 2014.11.27 2014고단2496

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자간(%)

(영문) 서울북부지방법원 2014.11.27 2014고단2496

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In June 2012, the Defendant made a false statement to the effect that, even if she borrowed money from the victim C, the Defendant had no intent or ability to repay the debt amounting to KRW 30 million to the Defendant at the time, and was thought to be used for the Defendant’s living expenses, not for real estate investment, but for the Defendant’s living expenses. However, even if she borrowed money from the victim C, the Defendant was issued KRW 35 million from the victim on its job as borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the police interrogation protocol of the defendant

1. Statement to C by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to each investigation report (in addition to a suspect's additional telephone investigation and credit inquiry);

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

1. Article 62 (1) of the Criminal Act;

1. The defendant in sentencing under Article 62-2 of the Social Service Order Criminal Act borrowed 35 million won from the victim without the victim's ability to pay the money (the defendant asserted that he/she had the ability to pay the money because he/she did so by means of lending money, but the defendant himself/herself cannot express his/her identity at the investigative agency and cannot be viewed as not having the ability to pay money at the time of borrowing money, but it cannot be viewed that he/she had the ability to pay money at the time of borrowing money with such vague repayment plan, and according to each evidence in the holding, he/she can be recognized as not having the ability to pay money at the time of borrowing money) has yet to recover the damage. However, in consideration of the amount of damage in this case, the circumstance that the defendant borrowed money from the victim and the conditions of borrowing money, etc., the punishment as per the order shall

It is so decided as per Disposition for the above reasons.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제347조 제1항

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