logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2015.11.13 2015고단676
사기
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 2008, the defendant was aware of the victim B and the victim B.

The Defendant lent money to the Defendant on March 2009, but the victim refused to do so. The Defendant, the husband of the Defendant, was her husband, who was the obligor C, to borrow money.

On April 1, 2009, the Defendant prepared a notarial deed of a monetary loan agreement for consumption with a debtor under the above C, stating that “When the Defendant lends KRW 30 million to the victim B, 30% interest shall be paid monthly per annum, and all principal shall be repaid by April 1, 2010.”

However, the Defendant had, at the time, an obligation equivalent to KRW 40 million without any particular property at the time, and there was no intention or ability to repay as agreed even if he borrowed money from the victim because he had forged the power of attorney and prepared a notarial deed at will.

The Defendant, by deceiving the victim as such, received KRW 30 million from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. He/she has made statements to the police during the interrogation protocol of the suspect (second time, second time, and second time) against the accused;

1. Protocol of the police statement concerning B;

1. A criminal investigation report (Attachment of a copy of the decisions concerned) and a copy of the decisions;

1. Application of Acts and subordinate statutes to a complaint, a certified copy of loan, and notarial deed;

1. The reason for sentencing of Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts [the scope of recommending punishment] In the case where the basic area (6 to 100,000 won) (6 to 100,000 won) of types 1 (6 to 100,000 won) of general fraud (a person who has been specially mitigated) is not punished or has been recovered from a considerable part of damage / In the case where the method of punishment is very poor or the court commits the crime of fraud by deceiving the court in the trial proceedings [the decision of sentence] The number of laws and the nature of the crime of this case by forging documents in the name of husband, thereby

arrow