logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.03.23 2015고단549
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On November 24, 2012, the Defendant would pay the interest and principal to the victim C who was a victim of Mapo-gu Seoul Mapo-gu Officetel 202 at the time “if he/she has borrowed money, he/she would have repaid the interest and principal until February 2013.”

“.....”

However, even though the Defendant did not have any intent or ability to repay money even if he borrowed money from the damaged party due to the absence of any particular income or property at the time, he/she received 10 million won borrowed money from the damaged party on his/her own account by making the aforementioned false statement.

2. On December 21, 2012, the Defendant: (a) around December 21, 2012, to the victim F who was introduced through a scoper in the coffee shop near the E hotel located Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government (hereinafter “Seoul Mapo-gu”).

First of all, the payment of money will be made with two times the money without any mold after one month of the funeral service.

“.....”

However, even if the Defendant did not have any particular income or property at the time and did not have any intent or ability to repay the interest and principal with the payment of the money even if he borrowed money from the injured party, the Defendant made a false statement to the injured party as above, and received a total of five million won including KRW 3 million around December 21, 2012 and KRW 2 million around the 26th day of the same month from the injured party as a loan.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement with respect to C and F;

1. A copy of a bankbook;

1. Application of Acts and subordinate statutes to report on investigation (including notification of data on current status of financial transactions attached thereto as a result of execution of a warrant of search and

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 of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes against Victims C with a heavier penalty) of the Criminal Act by aggravation of concurrent crimes;

1. The sentencing guidelines (as of July 1, 201, effective) recommended: Six months of imprisonment; one year and six months (the scope of the recommended punishment); and one year and six months (the scope of the recommended punishment); one type (10 million won).

arrow