logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.04.01 2014고단4133
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around October 2012, the Defendant: (a) borrowed money from a third party on the account of the name “D” in Sejong City C and I; (b) borrowed money from a third party; and (c) borrowed money from another party at a different place; and (d) received interest, the Defendant introduced the victim F who was considered as employment issues of the said children through E, which was considered together with the said party in the performance of the contract; and (b) intended to pay other borrowed money from the victim using having obtained the trust of the said female.

On March 19, 2014, the Defendant stated that “Around March 19, 2014, the Defendant loaned KRW 20,000 to the victim, who will reduce the interest on KRW 10,00 per month, and return at any time, if necessary.”

However, in fact, even if the Defendant, as a person of bad credit standing, bears a large number of obligations against G, H, I, J, and K from around 2009 to March 2014, and the Defendant borrowed money from the victim due to no particular import, he/she did not have any intent or ability to pay the interest on the 10th of each month and return the principal.

The Defendant, by deceiving the victim as such, received 20 million won from the victim to the account of the community credit cooperatives in the name of L as the borrowed money on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each prosecutor's statement against the defendant;

1. Investigation reports (verification of details of transactions of suspect-use accounts);

1. Application of the provisions of Acts and subordinate statutes on account transactions in the name of L, a copy of the passbook transfer, public inspection documents - Seoul Central library, etc., a copy of the case transmission record (case number 2014-1477) and the copy of the document

1. The judgment of the defendant and his defense counsel regarding the pertinent provision of the relevant criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, the defendant and his defense counsel's assertion that the defendant would be liable to pay money from the victim three months after borrowing the money from the victim, and the amount which the defendant promised to demand repayment prior to the victim's arrival shall not be repaid.

arrow