logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2019.07.11 2019고단55
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. On January 14, 2017, the Defendant made a false statement that he/she operated the “E” sound device business with the victim D at a coffee store located in Gumi-si B, Seoul, and that he/she is in need of business funds for sound device business and cosmetic business, F collection and friendly relationship, and that he/she would receive a loan as security if he/she becomes well aware of the business.

However, in fact, the Defendant was receiving the living support fund in the old and the old, and the Defendant did not have any intent or ability to fully repay even if he received money from the victim because the credit rating of the Defendant was lower and the secured loan was not operated.

Nevertheless, the defendant received cash of KRW 10 million from the victim for the same day as the loan money and acquired it by fraud.

2. On February 6, 2017, the Defendant made a false statement to the victim at the office of the non-party H located in the case in the Gu-U.S. Si, Gu-si, stating that “When he/she additionally lends KRW 20 million to the victim, he/she will pay KRW 30 million,000,000,000,000,000 prior to the loan,” the Defendant would be paid within six months.

However, even if the defendant received money from the victim as stated in paragraph (1), he did not have any intention or ability to pay it properly.

Nevertheless, the defendant received 5 million won in cash from the victim for the same day on the same day, and acquired 20 million won in total by remitting 15 million won to the Agricultural Cooperative Account (Account Number I) in the name of the defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Some statements made by the prosecutor's protocol of interrogation of the accused (including J and D's statement);

1. Application of Acts and subordinate statutes to a written request and reply to the provision of credit information (the contents of a witness D's statement are specifically and consistently reliable);

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

arrow