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(영문) 수원지방법원 2017.11.30 2017고단4760
사기
Text

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

Reasons

Punishment of the crime

On October 5, 2016, the Defendant was sentenced to imprisonment with labor for one year for a violation of the Act on the Control of Narcotics, Etc. in the Support for Gender Nam of the Suwon Friwon, and the judgment became final and conclusive on October 13, 2016.

The Defendant, on June 2016, using the Kakao Kakao Stockholm on the early 2016, lent money to the victim C (the age of 26) for the use of the Defendant’s Kakao Kakao Stockholm to lend money needed for the business funds now. If the Defendant borrowed money for the use of the loan, he/she

If the reimbursement is not made, the real estate owned by Korea will be repaid by borrowing it as security.

“.......”

However, the Defendant did not have a certain occupation and did not have the intent or ability to run the business because the Defendant administered narcotics, such as phiphonephones, and even if the Defendant borrowed money from the lending company, etc. in the amount of approximately KRW 50 million, borrowed money from the damaged party, it was thought that the Defendant would pay the above obligation.

Nevertheless, the Defendant: (a) by deceiving the victim; (b) received KRW 72,900,00 from the victim on June 25, 2016; (c) KRW 35,00,000 on June 30, 2016; and (d) KRW 19,50,000 on July 1, 2016; and (b) received KRW 21,540,000 on July 21, 2016 from the victim to the Agricultural Cooperative Account under the name of the Defendant, respectively, and received KRW 72,90,000 in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Consent letter of inquiry about personal credit information, and response to NICE Evaluation Information Co., Ltd.;

1. A detailed statement of transaction by account and investigation report (Attachment of a detailed statement of transfer);

1. Investigative reports (Analysis of details of transactions of passbooks) and replies to written consents;

1. A copy of the details of passbook transactions and photographs (the Kakao Stockholm dialogue content);

1. Previous convictions: Results of inquiry, inquiry of summary information of the case, and application of the text of the judgment;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 of the Criminal Code for the Handling of Concurrent Crimes: Provided, That the sentencing criteria do not apply to the concurrent crimes between the violation of the Act on the Management of Narcotics, etc., for which the judgment of fraud became final and conclusive in the judgment on the grounds of sentencing of Article 39(1), and the latter part of Article 37 of the Criminal Code, but the Supreme Court.

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