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(영문) 서울남부지방법원 2013.04.09 2013고단308
사기등
Text

A defendant shall be punished by imprisonment for not less than nine months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 15, 2011, the Defendant made a false statement to the effect that “The Defendant has made an investment in securities for 7 years,” from the “E” fireworks operated by the Defendant in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, to the victim F, “I would have made an investment in securities for 60-7 million won per month through an investment in securities, and would also pay the principal by paying interest of 60-7 million won per month on or around March 2012.”

However, in fact, the defendant was thought from the beginning to lend the victim's money to another person as a bond to play interest or to use it for the purpose of repaying living expenses or personal debts, and the victim did not have any intention or ability to pay the interest and principal as agreed upon.

Accordingly, the defendant deceivings the victim as above and acquired 50 million won from the victim on the same day.

2. Around June 1, 2011, the Defendant made a false statement to the effect that “The Defendant would pay KRW 30 million to the victim F of the instant fireworks with the intention to operate the main points to do so. If the construction cost is leased, the Defendant would pay without molding around December 201.”

However, in fact, the defendant thought from the beginning that he would use the money of the victim for the purpose of living expenses or personal debt repayment, and did not have any intention or ability to repay the principal to the victim.

Accordingly, the Defendant, by deceiving the victim as above, obtained money of KRW 30 million from the victim on the same day.

3. On January 13, 2012, the Defendant: (a) transferred the victim F’s traffic accident insurance money of KRW 10 million from the same fire to the account under the name of his/her father G with his/her father at the expense of the Defendant, and was in custody for the victim, he/she embezzled by arbitrarily using the Defendant’s living expenses, etc. without the victim’s permission at around

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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