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(영문) 인천지방법원 2014.11.27 2014고단6579
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On June 8, 2012, the Defendant: (a) at a branch of the Korean National Bank located in the Gangseo-gu Seoul Metropolitan Government Mumpan-dong, the Defendant purchased a motor vehicle with a view to lending KRW 20 million to the victims of the University Chang-dong, and sold the motor vehicle with a view to selling the proceeds and paying the principal up to September 8, 2012.

However, the Defendant, at the time, was unable to pay approximately KRW 100,000 to private persons, and approximately KRW 60,000 to private persons, and thus, even if he borrowed such money, there was no intention or ability to pay the principal and interest normally to the victim.

Nevertheless, the Defendant made a false statement as above, and received KRW 20 million from the victim to his own City bank account on the same day.

2. On August 28, 2012, the Defendant, while speaking to the same purport as the victim 1. at a national bank branch located in Jongno-gu Seoul Metropolitan Government inland Dong, the Defendant received KRW 100 million from the victim to his/her national bank account on the same day as the victim’s 1.

3. On October 15, 2012, the Defendant: (a) called the victim’s phone call at an infinite place to the same effect as Paragraph (1) of the same paragraph; (b) provided that the Defendant borrowed KRW 9 million to the victim; (c) provided that the principal shall be paid KRW 200,000 after ten

‘Falsely speaking, it received KRW 9 million from the victim to the said City bank account.

Summary of Evidence

1. Defendant's legal statement;

1. Police statements about C;

1. Application of Acts and subordinate statutes to loan certificates, receipt copies, written confirmation of details of transactions, authentic copy, performance note, and credit information inquiry statement;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The range of recommendations according to the sentencing guidelines [the range of recommendations] shall be not less than 100 million won per type 2 of general fraud, and 500 million won.

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