logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2014.07.21 2014고단432
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

Criminal facts

On September 20, 2012, the Defendant agreed to pay 50% of the profit from returning the used vehicle purchased if he/she lent the borrowed vehicle to the victim C, and had been issued four times from September 20, 2012 to September 29, 2012, and had not repaid to the victim.

On October 9, 2012, the Defendant made a false statement to the victim that “If the Defendant borrowed money necessary for purchasing and selling a medium and high-speed car, 50% of the profits accruing from the sale after the purchase of the medium and high-speed car will also be paid at a non-permanent place.”

However, in fact, the Defendant did not intend or have the ability to purchase and sell the money from the victim and pay the money to the victim before using the money for personal debt repayment and living expenses, not for the purchase of the vehicle. Therefore, even if he borrowed the money from the victim, the Defendant did not have any intention or ability to repay the money together with the profit.

The Defendant received KRW 13 million from the victim for the purchase of a passenger car on the same day on the same day.

From that time until December 15, 2012, the Defendant received a total of KRW 43.2 million over six times in the same manner as the list of crimes in attached Form 1.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A criminal investigation report (Report on confirmation of account details);

1. Written complaint filed by C;

1. Application of a detailed statement of borrowing and a copy of passbook;

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

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

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. is a total of KRW 43,20,000,000 to the victim by deceiving the victim who is the offender.

arrow