logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.06.23 2017고단311
사기
Text

A defendant shall be punished by imprisonment for six 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 July 10, 2015, the Defendant transferred a store to the victim on July 10, 2015 at the victim C’s residence located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul.

It is possible to recover the time limit money within one month or one month, and to receive a loan as security.

Before full payment, 4% of the interest per month was made and the loan period was 1 year, and the loan period was 1 year.”

However, the defendant did not have any intention or ability to pay interest or principal when he borrowed money from the injured party, even though he borrowed money from the injured party, because the defendant bears a considerable amount of debt at the time of the financial institution and is in arrears with credit card payment.

The Defendant received KRW 10 million in cash from the injured party on July 10, 2015 at the same place, and received KRW 9.6 million in cash from the Defendant’s account on July 15, 2015, and received KRW 1.2 million in cash from the same place on August 9, 2015, and received KRW 8.8 million in cash from the same account on August 10, 2015, and received KRW 9.6 million in the same account on August 20, 2015.

Accordingly, the defendant was given a total of 39.2 million won by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Inquiries into descriptions of financial transactions and financial transaction details;

1. Application of Acts and subordinate statutes to the investigation report (the amount actually lent);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the sentencing criteria [the scope of the recommended punishment] [the scope of the recommended punishment] set forth in the category 1 (less than KRW 100 million) and the mitigated area (one month to one year) [the person who has been specially mitigated] set forth in the mitigated area, the punishment of which is not set aside, or damage substantially

2. The confession of the sentence, the record of the crime (not later than once a fine) and the circumstances in which the full amount was paid in civil cases prior to the institution of prosecution, the circumstances leading up to the crimes, the method and means of the crimes, the amount of damages, the circumstances after the crimes, and other conditions of sentencing

arrow