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(영문) 춘천지방법원 강릉지원 2018.12.20 2018고단724
사기
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 2, 2017, the Defendant called the victim B at a place where it is not possible to know the horse, and is doing business of lending money in order to pay 13 million won to the victim B.

In order to provide a work loan, it was false to the effect that the fee is required, and that the loan shall be paid in full to the money that is borrowed from the money equivalent to the fee before receiving the loan.

However, in fact, the Defendant thought that he would use the money borrowed from the injured party as a sports Saturday. At the time, the Defendant did not have any property under his name and did not set monthly income, and was responsible for a large number of debts, such as health insurance premiums and mobile phone communication expenses, and thus, there was no intention or ability to repay the money even if he borrowed money from the injured party.

On February 9, 2018, the Defendant: (a) by deceiving the victim as above; (b) received KRW 550,000 from the victim to the post office account (C) in the name of the Defendant around February 9, 2018; and (c) thereafter, by deceiving the victim on a total of 17 occasions from March 19, 2018; and (c) received KRW 10,740,000 from the victim by deceiving the victim on a total of 17 occasions, as indicated in the list of crimes in the separate list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigation report (Submission of transaction details by an complainant), and detailed statement of transfer;

1. Investigation report (the result of execution of a warrant of search and seizure), transaction details of the post office account under the name of the suspect (C) transaction details, and transaction details of the bank account (E) transaction under the name of the

1. Investigation report (related to an account transferred by the person under investigation), details of account transactions with stock companies, and G accounts of stock companies;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of such previous convictions, etc.);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The Criminal Procedure Act of the Provisional Payment Order.

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