(영문) 서울중앙지방법원 2017.08.24 2017고단4360

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(영문) 서울중앙지방법원 2017.08.24 2017고단4360

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On March 3, 2013, the Defendant concluded that “A” in the mutual restaurant in Gangnam-gu Seoul, which was known to the branch’s introduction, was false to the victim D, who borrowed money, paid the principal five months after the loan, and paid the principal amount at KRW 90,000 per month.”

However, the fact, however, was that the financial situation was difficult to prevent the refund of the fraternity due to the lack of the financial situation, and the normal operation of the fraternity was impossible. Therefore, even if the money was borrowed from the injured party, it did not have the intention or ability to pay the principal and pay the interest of KRW 90,000 per month after five months.

Around March 4, 2013, the Defendant was transferred KRW 20 million to the new bank account under the name of the Defendant, and KRW 10 million to the above account around March 7, 2013, respectively.

Accordingly, the defendant was given a total of KRW 30 million by deceiving the victim.

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 to promissory notes, copies of bankbooks, notes, and trade statements;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. According to Article 62(1) of the Act on the Suspension of Execution, considering the following circumstances: (a) the Defendant’s acknowledgement of the crime and reflects the Defendant’s acknowledgement of the crime; (b) the Defendant appears not to have acquired the victim’s money in a planned manner; (c) the Defendant’s primary offender who has no record of committing any crime; and (d) the Defendant’s age, sex, criminal conduct, environment, family relationship, motive and consequence of the crime; and (e) the circumstances that form the conditions of sentencing as specified in the instant pleadings,

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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