logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.06.27 2013고단1494
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 16, 2012, the Defendant made a false statement to the victim C, stating that “The amount to be paid rapidly as the price for interior works is KRW 50,00,000,000,000,000,000,000,000 won prior to the Gu administration, the Defendant would use only 30,000,000,000,000 won prior to the Gu administration.”

However, the defendant did not have the intent or ability to repay the amount even if he borrowed the amount from the victim because he had no particular property or ability, such as the obligation was reached KRW 100 million at the time and the amount of national taxes worth KRW 280 million has been in arrears and the profits have continuously aggravated, and there was no other property or ability

The defendant received 50 million won as a loan in the same place immediately from the victim, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to copies of deposits without passbook;

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

1. The punishment of this case under Article 62(1) of the Criminal Act is the maximum amount of 50 million won, and the defendant has the same criminal record as the fine was sentenced on July 27, 2012, etc., a sentence of imprisonment shall be selected in light of the following:

However, the execution of the above imprisonment shall be suspended in consideration of the fact that the defendant agreed with the victim, the fact that the defendant recognizes and reflects his mistake, and the age, character and conduct, family environment of the defendant, the motive and circumstance of the crime in this case, the means and consequence of the crime in this case, and the circumstances after the crime, etc.

arrow