logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.01.15 2019고단5249
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On September 22, 2015, the Defendant called the victim B by phoneing it to the victim B to pay a large amount of money to the shares. However, if he/she finds shares, he/she first borrowed money to pay a fee for shares, then he/she would pay it immediately after the month.

However, in fact, the defendant borrowed money from the victim because he/she did not have the ability to lend money from the victim to C with his/her own ability upon the request of the recipient C to lend money from the recipient C, so he/she did not have the intent or ability to repay the money from the victim with his/her own ability. In addition, since June 2015, the defendant extended money to C with the amount of KRW 240 million from June 2015, it was difficult to recover money from C even if he/she again borrowed money from the victim.

Nevertheless, the Defendant, as above, by deceiving the victim, and then deceiving the victim from the victim to the bank account under the name of the Defendant, with KRW 30 million around September 22, 2015, and acquired KRW 14.4 million from September 30, 2015, respectively.

Summary of Evidence

1. The defendant's partial statement in the interrogation protocol of the prosecution against the defendant (including B's statement);

1. Partial statement of the police interrogation protocol of the accused;

1. The police statement concerning B;

1. Written statements of D;

1. A criminal investigation report (Submission of a detailed statement of banking transactions of a suspect), a criminal investigation report (infinite C and C), a criminal investigation report (infinite E, D and C);

1. Each deposit receipt and certified copy of the register;

1. Application of Acts and subordinate statutes of each loan certificate and written repayment plan;

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

1. The accused under Articles 32(1) and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Dismissal of Application for Compensation, part of the amount to the injured party on several occasions.

arrow