logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2021.03.19 2020고단2530
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

In May 17, 2017, the Defendant paid the interest of KRW 600,000 per month if he/she lent KRW 30,000 to the victim D as rental deposit and equipment cost while moving his/her place of business at the C office operated by the Defendant in Asan City around May 17, 2017, and changed by May 17, 2018.

If the mother fails to repay, he/she will perform even if he/she sells the house in the name of E.

“The purpose of “ was to make a false representation.”

However, the Defendant did not have any particular property at the time, and was liable for the amount of KRW 50 million due to business failure, and, with respect to the F apartment G in Busan Metropolitan City equivalent to KRW 50 million due to E’s market value, the Defendant did not have any intent or ability to pay the amount normally even if he borrowed the amount from the damaged party, even though the maximum amount of KRW 54.6 million due to the establishment of the right to claim against H and the right to collateral security equivalent to KRW 19.5 million due to the establishment of the right to collateral security equivalent to KRW 19.5 million against I.

The defendant received 30 million won from the damaged person as the borrowed money on the same day and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on credit information history, such as a whole certificate of registered matters, certificate of verification, process certificate, statement of account transactions, statement of account transactions by account, etc.;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] that there is no person who is less than KRW 100 million [the scope of the recommended punishment] (the territory of recommendation and the scope of the recommended punishment], the basic area of the recommended punishment, six months to one year and six months;

2. The amount of damage caused by the determination of the sentence is considerably high as 30 million won.

Most of the damages have not been recovered up to now.

However, the defendant recognizes his mistake and is against his will.

A victim shall have approximately KRW 10,000,000 for interest, etc.

arrow