logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.05.17 2018고단4803
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 2016, the Defendant stated that “Around the end of Dongjak-gu Seoul Metropolitan Government, the Defendant would immediately grant a loan to the victim B, who was introduced under the pretext of being aware of the loan of 27 billion won prior to the point of lending at the same time in a coffee shop in the vicinity of this waters, the Dongjak-gu Seoul Metropolitan Government, stating that “The Defendant would have been aware of the president of the C Association.” In order to obtain a loan, the Defendant made a false statement to the relevant persons that “The expenses should be borne by the relevant persons, such as golf and drinking.”

However, the defendant did not know the president of the C&C and did not have any other way to procure loans, and did not intend to receive money from the victim for personal purposes, and did not have any intention to contact with employees and related persons of the financial institution.

Nevertheless, on January 27, 2016, the Defendant received KRW 2 million from the victim to the E-bank account in the name of D to the account in the name of the E-bank in the name of the employee of the financial institution.

From that time until November 5, 2016, the Defendant received a total of KRW 18.4 million from the victim every eight times, as described in the attached list of crimes, from the victim, from that time to that time.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. A statement of accounts of the enterprise bank;

1. Application of Acts and subordinate statutes to a report on the details of transaction information, etc. (the result of execution of a warrant of search, seizure and verification) dispatched by an E

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act appears to be that the defendant recognized the crime of this case and reflects it, the fact that the defendant agreed smoothly with the victim, the age, character and conduct, environment, relationship with the victim, motive and circumstance of the crime, means and result of the crime.

arrow