logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.11.01 2017고단2703
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, and imprisonment with prison labor for six months.

However, from the date this judgment becomes final and conclusive, each one year.

Reasons

Punishment of the crime

The Defendants are mutually-friendly and the victims E was introduced from the son to resolve the risks of the penture owned by themselves over the public auction due to bank obligations.

On February 2014, the Defendants conspiredd to acquire money by taking advantage of the aforementioned imminent circumstances of the victim in the middle of the police.

Defendants succeeded to the reduction of part of the Defendant’s obligation to the victim in G carpet located in Ulsan-gu F on February 20, 2014.

In other words, the victim is a plan to carry out loan works in Ulsan-gun H, Ulsan-gun, and the bank must pay the loan to obtain the loan of the construction fund, and if the cost is prepared, he will receive the loan of the PF and repay the debt of the party.

The phrase “ makes a false statement.”

However, in fact, even if the Defendants received money from the injured party, they are planned to use the existing debt owed to I, and there was no intention or ability to resolve the victim's debt by means of receiving the PF loan.

The Defendants conspired to induce the victim as such, and were transferred from the victim to the account in the name of Defendant C and his wife KRW 15 million on the 21st of the same month from the victim.

Summary of Evidence

1. Defendants’ respective legal statements (for Defendant A, on the second trial date)

1. Statement by each prosecutor with respect to E and use;

1. Application of Acts and subordinate statutes of each police statement protocol to E and K;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act, each of the suspended sentence (referring to the part favorable to the following reasons for sentencing)

1. The sentencing guidelines for the Defendants [the scope of the recommended punishment] Class 1 (less than KRW 100 million) and the mitigated area (one month to one year) [the person who has been specially mitigated] the punishment not (Defendant C), and the recovery of considerable damage (Defendant A)

2.The sentencing criteria shall be based on the following sentencing criteria:

arrow