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(영문) 창원지방법원 통영지원 2018.03.14 2017고단754
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant, along with husband B, engaged in a live-on transport business that supplies a living ship to the frequency held in the city. The Defendant started to pay the price by lending the bonds from around 2015 due to excessive credit transactions. On March 2016, the Defendant brought about a total of KRW 85 million as well as KRW 45 million and KRW 2 million as interest on the bonds of each month.

On March 22, 2016, the Defendant had no money that he would incur to the victim at the victim C’s house, which was presented by a shower on March 2, 2016.

In order to lend money, the money will be used only in the name of one month and repaid.

The phrase “ makes a false statement.”

However, in fact, the defendant is a bad credit holder and was in excess of his/her obligation as above, and due to the defendant's think that he/she would have repaid his/her interest on bonds with the victim, he/she did not have any intent or ability to repay the interest even if he/she borrowed money

The Defendant received from the injured party five million won in the name of the borrowed money on the same day from the injured party to the Defendant’s blood cooperative account of D’s wife, and from that time until November 15, 2016, by deceiving the injured party in a total of five times in the same manner as indicated in the list of crimes in the attached Table of crimes from November 15, 2016, and received from the injured party the total sum of KRW 18,350,000 in the name of the borrowed money from the damaged party to the flood cooperative account of the above D.

Summary of Evidence

1. Protocol concerning the examination of suspect B;

1. Statement made by the police against C;

1. Copy of a complaint and a bankbook who has filed the complaint;

1. Investigation reports (Attachment, etc. of a detailed statement of account transactions with a suspect), the application of Acts and subordinate statutes on account transactions with a suspect;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general fraud.

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