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(영문) 부산지방법원 2017.01.19 2016고단5009
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Although the Defendant borrowed money from bubs, it was caused by illegal sports discussions and entertainment expenses, etc., the Defendant was willing to borrow money from the victim B, who was known to ordinary people, to use it as gambling and entertainment expenses.

1. On November 17, 2015, the Defendant, who committed a crime on November 17, 2015, called the victim at an influence place, and called “influently 20 million won in the construction company, to stop and sell a building on the land inside the land.”

The term "the lending of money to another person" was false.

However, the Defendant had no profit at the time and had been urged to repay the obligation, and even if he borrowed money from the injured party, he had the intent to use it for the repayment of his personal obligation, and there was no intention or ability to change it.

Defendant 1 received from the injured party the remittance of KRW 18 million from the same day to the Suhyup Account of Defendant 1 on the same day.

2. The Defendant, who committed the crime of December 20, 2015, phoneed the victim at an insular place on December 20, 2015, and phoneed the victim to “Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that Is that I

If only KRW 10 million is extended, interest will be paid after solitary period.

The phrase “ makes a false statement.”

However, there was no late distribution of sports discussions. The defendant had to pay the amount of KRW 40 million at the time, and even if he received money from the injured party, he thought that he would be able to consume personal debt, entertainment expenses, gambling, etc., and there was no intention or ability to pay the principal and interest to the injured party.

Defendant shall receive from the injured party the money of KRW 10,00,000 from the victim to the horizontal account of the Defendant, thereby defrauding the money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a loan certificate and a detailed statement of account transactions;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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