logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.01.25 2015고정4134
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 22, 2015, the Defendant was sentenced to the suspension of the execution of ten months in Seoul Western District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused before the risk), and the judgment became final and conclusive on October 1, 2015.

On February 22, 2013, the Defendant is in the vicinity of Yeongdeungpopo-dong, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, the Defendant requires KRW 10 million to the victim B.

The loan of KRW 50,000 shall be repaid with the loan of KRW 5,000.

The phrase “ makes a false statement.”

However, in fact, it is unclear whether a loan of KRW 50,00 is extended at that time, and even if the loan is paid, it was used for the repayment of debts, living expenses, etc., and there was no other revenue, and there was no intention or ability to repay the loan even if it was borrowed from the injured party.

As such, the Defendant, by deceiving the victim, received 10,000,000 won from the Defendant’s bank account from the victim for the purpose of borrowing money, and acquired 20,400,000 won in total from around that time to November 19, 2013, as shown in the list of crimes in the attached crime, from around four times as shown in the list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of each part of the defendant's statements and entries in B, in the protocol of interrogation of the suspect to the defendant by the prosecution, and the protocol of interrogation of the suspect to the police (in the third examination);

1. A criminal investigation report (Submission of data by a complainant);

1. The loan certificate;

1. Previous convictions in judgment: Reporting previous convictions in disposition, results of confirmation, and application of statutes attached thereto;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow