(영문) 서울북부지방법원 2017.06.28 2016고단3776

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2017.06.28 2016고단3776

사기

Text

A defendant shall be punished by imprisonment with prison labor for three months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On April 16, 2015, the Defendant concluded that, at the clothing store operated by the Defendant in the subway C Co., Ltd., Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, the Defendant “I will pay the interest and principal without compensation within three months if I lend money to the Defendant who is an employee.”

However, as the defendant was unable to pay the money for clothes in excess of his/her obligation, there was no intention or ability to pay the money for the borrowed money to the victim.

Nevertheless, the Defendant received KRW 7 million from the injured party to the one bank account (E) in the name of the same day on the same day, and received KRW 2,167,00,000 from around that time to May 17, 2015, in total, six times as indicated in the list of crimes in attached Form D from around that time.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Application of the police statement protocol law to B

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. The crime of this case on the grounds of sentencing under Article 32 (1) 3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (the scope of liability for compensation is not clear as it has been partially repaid) shall be determined as ordered by the order, taking into account the following factors: (a) the Defendant, who had worked as his employee at the time of the occurrence of the crime, shall acquire 2,1670,000 won in total under the name of the borrowed money six times against the victim; (b) the contact is discontinued in light of the content of the crime, the amount of fraud, and the circumstances after the crime; (c) only part of the principal is repaid; (d) the Defendant has not recovered from the principal; and (e) the Defendant had the history of punishment for the same kind of crime before the instant case; and

참조조문

-형법 제347조 제1항

유사 판례

-인천지방법원 2016.01.14 2015고단6815

-수원지방법원 안산지원 2018.10.18 2018고단2645

-의정부지방법원 고양지원 2017.07.21 2017고단1082

-서울동부지방법원 2016.05.13 2016노78

-울산지방법원 2017.07.13 2017고단1485