(영문) 서울동부지방법원 2018.12.06 2018고단1921

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(영문) 서울동부지방법원 2018.12.06 2018고단1921

사기

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A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 8, 2016, the Defendant is running a water business in the residence of the victim D, which is located in Gangwon-gun C on September 8, 2016, and you would like to pay back to us, if you lend 10 million won.

“A false statement is made to the effect that it is delivered in cash from the injured party, i.e., from the injured party, and on September 10, 2016, it is difficult for the victim to pay the victim KRW 10 million.

There are sacrhys that have been sacrhed, too good and good search.

If we do not purchase this now, I will do it later later.

If the loan is extended to 5 million won, she shall have to pay 15 million won, including prior loan 10 million won, in the amount of 15 million won, and shall have to pay her full payment.

“A false statement to the effect that the Defendant was granted KRW 5 million in cash from the injured party, namely, at the time of the Defendant’s business, but the Defendant did not engage in a high-water business, and was merely intended to use the borrowed money for the Defendant’s loan repayment, hospital expenses, living expenses, etc., and did not intend to use it for the purchase of high-water. The Defendant did not have any intent or ability to repay the borrowed money from the injured party due to the lack of the Defendant’s property or any other economic capability.

Nevertheless, the defendant deceivings the victim as above and obtained a total of KRW 15 million from the victim on two occasions and acquired it by deceit.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness D’s statutory statement legislation;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da14

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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