logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.05.18 2017고단669
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On February 2, 2013, the Defendant, at the K office operated by the victim G in Yongsan-gu Seoul Metropolitan Government, the Defendant made a false statement to the victim, “Around 2,190.6 square meters ( approximately 670 square meters) of the site located in Gangnam-gu Seoul, Gangnam-gu, Seoul, stating that “The Defendant would transfer or sell the registration on the site if the Plaintiff borrowed KRW 70 million of the registration cost to the Plaintiff, and then would give KRW 2 billion of the registration cost.”

However, even if the defendant received money from the injured party in terms of the registration cost, he did not have any intention or ability to transfer the registration of the above M land or to repay the money received in terms of the registration cost.

The Defendant received delivery of KRW 69 million in total, including KRW 21 million on February 18, 2013, KRW 30 million on February 19, 2013, KRW 18 million on June 20, 2013, and KRW 69 million on June 20, 2013.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on transactions of each loan and account;

1. The fact that the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act regarding the crime, the selective sentencing of imprisonment, and the fact that the repayment of damage on the grounds of the selective sentencing is not all made (Provided, That the defendant returned to the victim KRW 40 million out of the amount of the defraudedation of this case;

The victim asserts that the money related to the return of the defrauded money of this case is KRW 10 million among the above KRW 40 million, and there is a record of having been sentenced to punishment for the same crime, and other circumstances such as the fact that the defendant is old and is not good in health, means and results of the crime, and the situation after the crime, etc.

arrow