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(영문) 서울북부지방법원 2019.11.28 2019고정1120
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On January 11, 2018, the Defendant made a false statement to the victim B, “I will repay 500,000 won to the victim B, who borrowed 500,000 won as much as would be urgently required to pay money,” from the Mandong, Nowon-gu, Seoul Special Metropolitan City, to the victim B.”

However, in fact, the defendant did not have any intention or ability to repay the borrowed money from the victim even if he borrowed money from the victim because he was in a situation that prevents the so-called return, such as using the money to repay other debts.

The Defendant acquired 500,000 won from the victim to the Defendant’s C account (D) on the same day, and acquired 22,29,187 won in total as stated in the attached crime list even though the Defendant did not have any intent or ability to complete payment to the victim from January 11, 2018 to May 25, 2018, as well as from January 11, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to each E bank transaction statement, F Bank transaction statement, investigation report (suspect A credit information inquiry statement, response and analysis), investigation report (specific collection amount and re-preparation of crime list);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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