logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.12.07 2016고정452
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Part of the facts charged was revised to the extent that it does not harm the defendant's right of defense.

[criminal records] On May 26, 2017, the Defendant was sentenced to a suspended sentence of two years for six months of imprisonment for fraud in this court, and the judgment became final and conclusive on June 3, 2017.

[2] The Defendant, on November 20, 2012, called the victim D, who was aware of the fact that he/she had been in his/her usual place of residence in Ulsan-gu, Ulsan-gu, Seoul-gu, Seoul-do, and called the victim D to commit the crime, and “ our apartment became out of the auction.”

The interest and principal shall also be repaid within one year on the loan of KRW 10,000,000 for the need of the money.

“.....”

However, even if the defendant borrowed money, he did not have the intention or ability to pay the money.

The Defendant received KRW 9,700,000,000 from the victims in total four times, as indicated in the list of crimes in the attached Form, after making the victim receive a security loan of KRW 10,000 from Samsung Bio-resources Co., Ltd., and received KRW 9,70,000,000 from the victims after deducting interest from his own agricultural bank account.

Summary of Evidence

1. Entry of a defendant in part in the protocol of seven public trial;

1. Each legal statement of witness D and E;

1. A protocol concerning the examination of suspect of some of the police officers against the accused (including the cross-examination);

1. Each police statement made with respect to F, E, or D;

1. Each complaint filed by the F, E, and D;

1. An investigation report (Submission of DNA data), a criminal investigation report (a statement from a witness G), a criminal investigation report (a statement from a witness H telephone), and a criminal investigation report (a victim F telephone conversation report);

1. A certificate for all the matters to be registered (Ulsan-gu Seoul apartment complex 1,301);

1. Previous conviction in the judgment: Ulsan District Court Decision 2016No. 2065, the inquiry of summary information of the case No. 2065, the Ulsan District Court Decision 2016No. 2065, the Ulsan District Court Decision 2016 J. 2827, supra [The defendant and his defense counsel asserted that since the defendant and his defense counsel have repaid most of the borrowed money to the victims, they did not borrow money from the beginning.

The criminal intent of defraudation, which is a subjective element of fraud, is after the crime, unless the defendant makes a confession.

arrow