logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.06.13 2016고단8299
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

When money to be used in a casino has become necessary, the Defendant borrowed money from the victim E along with D and used it.

Accordingly, the defendant introduced D as "the person who has good business items" in G hotel located in Gangnam-gu Seoul Metropolitan Government F around September 2009, and introduced D as "the person who has good business items" to the victim E, together with D, can get a lot of gains if he purchases and disposes of the new bank point card issued to the customers at H casino located in the G hotel.

“.......”

However, in fact, the Defendant had to receive money from another person after undergoing a warning operation on July 2009, and had a debt of about KRW 3.2 billion at the time D, and even if D borrowed money from the damaged party, such as selling the site and the building on the ground of Seongbuk-gu Seoul, Seongbuk-gu, Seoul, which was owned by D at the time of D, by a voluntary auction, there was no intention or ability to pay the money.

As above, the Defendant: (a) by deceiving the victim with D as well as the victim; (b) received cash and KRW 100 million from the said hotel as the borrowed money on September 12, 2009 from the victim; (c) and (d) received cash and KRW 100 million from the said hotel; and (d) received or remitted KRW 400 million in total on five occasions from around that time to November 2009, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. A protocol concerning the examination of suspect of each police station against D;

1. Statement made by the police for E;

1. A complaint filed by E;

1. Details of passbooks, a certificate of borrowing, and a certificate of cash custody;

1. Application of statutes governing judgment;

1. Article 347 (1) and Article 30 (Generally, Selection of Imprisonment) of the Criminal Act concerning the relevant Act and the selection of punishment for the crime;

1. Article 62(1) of the Criminal Act on the stay of execution (Article 62(1)

It is difficult to see, and it has not acquired all profits from crimes.

arrow