logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.10.30 2019고단4231
사기
Text

Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. Defendants A conspired to receive money from the victim under the pretext of fees with the knowledge of the fact that the victim C had an urgent obligation.

Accordingly, in February 2019, Defendant A made a false statement to the victim that “A may have a son who became aware of in a correctional institution get a loan,” and Defendant B made a false statement to the victim that “A would have a son be given a loan in writing with a fee of KRW 240,000,000 per week.”

However, the defendants did not have the intent or ability to get loans to the victim.

Defendants, from the victim, the amount of KRW 80,000,000 from the victim as of February 11, 2019; and

2.2.2 million won;

2.21.70,000 won;

2.2.2.2 million won;

3. 19.1910,00 won;

5. November 1440,00 won and a total of 9050,000 won have been granted as a fee.

2. The Defendant stated that, around the beginning of March 2019, Defendant A borrowed KRW 100 million by the end of March 2019 to the victim F, who became aware of the introduction of the above C, in front of the E in Kimhae-si, Kim Jong-si.

However, the defendant did not have the intention or ability to get loans to the victim.

The defendant was given 750,000 won from the victim's seat as a fee.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning C and F;

1. Application of the certificate of transaction and detailed statement of deposit transaction Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendants: Articles 347(1) and 30 (Selection of Fines) of the Criminal Act

B. Defendant A: Article 347(1) of the Criminal Act (Selection of Fine)

1. Defendant A among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants of detention in prison: The reasons for sentencing of Articles 70(1) and 69(2) of the Criminal Act are the defendants.

arrow