logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.02.08 2016고단4924
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant, around August 19, 2013, at the victim D’s residence located in Eunpyeong-gu Seoul Metropolitan Government around August 19, 2013, repaid the borrowed money to the victim without any framework until October 27, 2013 even if the Defendant sold the scoo vehicle to be purchased and operated on the scoo vehicle with a loan of KRW 30 million on the ground that it is necessary to pay the scoo payment and the credit card payment within the city.

The phrase “ makes a false statement.”

However, some of the borrowed money was used by E, other than the defendant, but the defendant had excessive debts at the time.

E is a situation in which the victim knew that he/she would use part of the borrowed money because of the lack of the ability to repay the borrowed money, and thus, the defendant would not independently use the borrowed money, and even if the borrowed money is not repaid by the due date, the defendant did not have any intent or ability to sell scoo vehicle to the above-mentioned vehicle used as the only means of living of the defendant and to repay the borrowed money from the damaged person.

The Defendant, by deceiving the victim and deceiving the victim, acquired a total of KRW 27 million by remittance or cash delivery on August 27, 2013 and KRW 12 million on the same day and around August 27, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. The former sentence imposed on the relevant Article of the Act on the Punishment, etc. of Specific Crimes and Article 347 (1) (a) of the Criminal Act that provides for the applicable provision of the Act on the Punishment, etc. of Specific Crimes and the Selection of Punishment: The punishment imposed on less than 100 million won that is the basis of the classification of types of punishment to be mitigated, from one year and six months to one year from June 1 to two years: The former sentence imposed on the basis of no corresponding provision: The punishment imposed on the person who is sentenced to the aggravated punishment in October in the basic area (from six months to one year): A person who is sentenced to the aggravated punishment in four months: A person who is subject to the mitigated punishment, such as a confession, a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Rape in this Chapter once): Five years of imprisonment;

arrow