logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.05.25 2017고단497
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 31, 2011, the Defendant: (a) around the subway station in Daegu-gu, Daegu-gu; (b) around the subway station in U.S., U.S., and (c) the Victim B, “In the military life, the Defendant is extremely high.”

Money will be punished for inside the country.

B. The interest will be paid in addition to the repayment of the principal when three months have elapsed since the three-month interest was given and lent to B when the loan was made.

“In doing so, the lower court received the remittance of KRW 19 million, around October 31, 201, and KRW 100,000,000,000 around November 18, 201, and KRW 20,000,000,000,000,000 from the person who believed it.

In addition, the Defendant, at the same place around December 9, 201, provided that “A mobile phone will be provided with money that the Defendant would have to help him/her pay” to the victim at the same place, and that “A person shall be provided with money that he/she would have paid as principal by paying interest.” As such, the Defendant was remitted KRW 15 million from the victim who believed it on December 9, 201.

However, the defendant used the money of the victim to raise funds to resolve the payment of the existing debt amount, and did not have the ability and intent to pay the interest and principal agreed to draw up to the victim. The defendant did not have any capacity and intent to pay the interest and principal to the creditor.

Accordingly, the defendant deceivings the victim and received a total of 35 million won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement B in the protocol of interrogation of the police against the accused (two times, replacement of the accused);

1. Each police statement protocol against B and C;

1. Application of Acts and subordinate statutes to each investigation report (the submission of data by complainants, response from the Korean Cmat Bank, response from the Korean National Bank, reply from D and telephone communications);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Crimes No. 1 of the sentencing guidelines [the scope of the recommended punishment] General Fraud (less than KRW 100 million) is the basic area (from June to one year and six months) (the person who is subject to special sentencing).

arrow