(영문) 수원지방법원 2017.07.18 2017고단11

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.07.18 2017고단11

사기

Text

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

Reasons

Criminal facts

On October 22, 2015, at a place where it is impossible to know the place, the Defendant made a false statement to the victim C (the age of 53) by telephone, stating that “The Defendant would resell the apartment sale right and divide the principal and profit by selling the apartment as if it had been a prior to the lending of the purchase fund for the apartment sale right.”

However, even if the defendant borrowed money from the damaged party, the defendant did not intend to use it as the purchase fund for the apartment purchase right, and most of the defendant was the plan to use it.

On October 22, 2015, the Defendant: (a) by deceiving the victim as above; (b) received KRW 3 million from the victim to the corporate bank account under the name of the Defendant; and (c) received KRW 135 million over 25 times from around that time to July 11, 2016, and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A detailed statement of each deposit transaction, each fact-finding certificate, and a statement of account classification;

1. Complaint;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of suspect credit reports);

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively including, but not limited to, the choice of imprisonment) on the grounds of sentencing;

1. Basic area (one year to four years) of types 2 (not less than 100 million won, and less than 500 million won) in application of the sentencing criteria; and

2. Circumstances favorable to the accused shall be as follows:

The defendant is deeply divided into and reflected in the crime of this case.

It seems that the defendant suffered economic difficulties and caused the crime of this case.

The defendant appears to have repaid approximately KRW 26 million to the victim (the details of remittance of small amount money are confirmed), and it seems that the victim can receive approximately KRW 5 million in civil action against the defendant.

The defendant is an elementary offender who has no record of criminal punishment.

The defendant supports two children alone.

Circumstances unfavorable to the defendant shall be as follows:

참조조문

-형법 제347조 제1항

유사 판례

-서울중앙지방법원 2017.11.24 2017가단28045

-서울남부지방법원 2018.02.22 2017고단4140

-부산지방법원 동부지원 2016.02.18 2015고단2474

-수원지방법원 안산지원 2018.12.05 2018가단4635

-서울남부지방법원 2017.12.01 2017고단1945