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(영문) 서울남부지방법원 2017.06.09 2017고단1400
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On June 23, 1998, the Defendant was sentenced to one year and two months of imprisonment for fraud at the Seoul District Court and eight months of imprisonment, and was released on May 21, 1999 during the execution of the sentence in the Seoul Detention Center and passed on July 25, 199.

Criminal facts

1. On May 8, 200, the criminal defendant against the victim C made a false statement to the victim C, who returned to the victim from the end of February 2000 at Gangnam-gu Seoul to the end of February, 200, stating that “A promissory note endorsed at home would have been repaid by not later than the 30th day of the following month if he/she lent 30 million won to the victim.”

However, even if they borrow money from the victims of fact, they did not have the intention or ability to repay it.

On May 8, 200, the Defendant received 3,170,000 won in cash from the trade name in the Gangnam-gu Seoul Metropolitan Government New-dong from the injured party and received 3,170,000 won in total from August 15, 200, as shown in the annexed crime list (1) by August 15, 200.

Accordingly, the defendant was given property by deceiving the victim.

2. On July 25, 200, the Defendant, against the victim D, made a false statement to the victim D, who had come to know from the Jung-gu, Daegu-dong around May 200 to the end of May, 200, stating that “The Defendant would repay all money after two months from the loan to the other person’s guarantee.”

However, even if they borrow money from the victims of fact, they did not have the intention or ability to repay it.

On July 27, 2000, the Defendant received 10 million won from the injured party to the company bank account in the name of the Defendant from the Jung-gu, Daegu-dong around July 27, 200 and received 208 million won in total five times as shown in the list of crimes in attached Form (2) by August 3, 200.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Details on the use of cards;

1. A criminal investigation report (a criminal investigation report on remittance details);

1.Payments of payment

1. Card details;

1. His previous convictions.

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