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(영문) 창원지방법원 진주지원 2018.05.15 2017고단1001
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On August 2014, the Defendant got money from the victim to receive money as a loan from the victim in order to pay personal debts, while the Defendant took the victim D as a partner at the Internet NAV's meeting of divorces.

Therefore, the defendant would pay the amount of KRW 100 million in the transaction place immediately after April 20, 2015.

In addition, when a lawsuit on the division of the previous wife and the property is completed, it was false that the amount of KRW 2,50,000 is entered.

However, in fact, the defendant was employed as an apartment management officer in the monthly pay of approximately KRW 2 million, and the defendant did not have to enter KRW 100 million from the customer because he did not operate the business, and there was no fact that he did not proceed with the lawsuit of division of the former and the property, while the defendant did not have the intent or ability to pay the amount of KRW 40 million even if he borrowed money from the damaged person due to the obligation of KRW 40 million.

Nevertheless, the Defendant received KRW 6 million from the injured party to the Agricultural Cooperative account in the name of the Defendant on the same day, from that day, from that time, from that time, the Defendant, as shown in the list of crimes in the attached Table, by deceiving the injured party five times in total, and received KRW 77,400,000 from that time to September 9, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Complaint;

1. Three copies of a letter of confirmation of full payment of loans, four copies of a credit card loan repayment, and a statement of deposit and withdrawal transactions (No.D. Agricultural Cooperative Account);

1. Summary of the details of repayment submitted by the person against whom the reimbursement was made;

1. A detailed statement of deposit transactions (ACF Account);

1. The credit rating inquiry;

1. A report on investigation (revision of crime sight lists and compiling details of repayment);

1. A statement of account transactions and a statement of customer information;

1. Kakao Stockholm course;

1. A investigation report (verification of personal information of the other party to the A financial account transfer);

1. Application of Acts and subordinate statutes to a report on investigation (verification of a check payer);

1. Article 347 of the Criminal Act of this Act concerning criminal facts.

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