logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2013.09.25 2013고단1238
사기
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. If the defendant does not pay the above fine, 50.1 day.

Reasons

Punishment of the crime

Around November 25, 2011, the Defendant borrowed KRW 15 million from the victim C, which he/she became aware of through a branch of land around November 25, 201, and maintained a monetary transaction relationship, such as repaying repayment around that time.

On February 10, 2012, the Defendant concluded that, at the E hotel coffee shop located in Gwangjin-gu Seoul Special Metropolitan City around February 10, 2012, the Defendant stated that, “The Defendant was scheduled to conduct a business of transferring a casino to a roll of rollls that provides customers who find a casino with an explanation on money exchange or arranging gambling money, and if the funds need to be loaned money, the Defendant would pay interest at 10% per month, and the principal will be repaid until May 31, 2012.”

However, in fact, the Defendant did not have any means to repay the money to the victim, other than the profit from the above business, and there was no way to repay the money to the victim. The Defendant did not have any property under the name of the Defendant at the time, and there was no intention or ability to repay the money even if he borrowed money from the victim, such as there was no fact that he actually paid the interest to the victim.

As such, the Defendant, by deceiving the victim, received from the victim the sum of KRW 36 million around February 25, 2012, and KRW 45 million around February 16, 2012, including KRW 9 million, from the victim, and acquired it as the borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by the prosecution (including the C substitute part);

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the details of passbook transactions, each investigation report, liquidity transactions and inquiry;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. In light of all the sentencing conditions prescribed in Article 51 of the Criminal Act, including the fact that the Defendant paid the victim KRW 4,300,000 on August 14, 2013, KRW 9,000 on September 10, 2013, KRW 5,000 on September 24, 2013, and the victim was aware that he/she was trying to lend money for gambling with money borrowed by the Defendant.

arrow