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(영문) 서울중앙지방법원 2016.05.25 2016고단474
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 28, 2012, the Defendant would pay bills to the Victim F through E at the 1st floor D coffee shop underground of Jongno-gu Seoul Metropolitan Government Jongno-gu C building on December 28, 2012.

“A false representation was made.”

However, under the circumstances where the Defendant was unable to repay the amount equivalent to KRW 150,000 of the Credit Guarantee Fund’s loans due to the bankruptcy of textile business operated since 1998, the financial situation of the Defendant aggravated, such as where the original unit purchased due to the failure to perform the business operations at the time was not sold, and where the payment of the bill was continued in the form of preventing return, such as the payment of the bill discounted by the injured party, and the payment of the bill issued by the injured party was continued, and there was no intent or ability to pay the bill normally even if the bill was issued by using the name of the Defendant without the ability to pay the bill and the discount of the bill is made by the injured party, such as the issuance of the bill by using the name of the Defendant’s family members

Nevertheless, the Defendant, as seen above, received KRW 4,250,00 from the injured party on the same day as the discount amount of the bill, and received KRW 4,250,00 from the injured party on the same day, as indicated in the list of crimes: Provided, That “ January 11, 2013” in the subparagraph 3 of the list of crimes was issued KRW 73,050,000 over 11 times in total from December 28, 2012 to April 3, 2013, as in the case of a clerical error in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the interrogation of suspects of E by the prosecution (including the whole part and the F statement);

1. The protocol of suspect interrogation of each police officer regarding E;

1. Statement made by the police with regard to F;

1. Investigation report (report on confirmation of the status of property, etc. at the time of committing the suspect);

1. Application of Acts and subordinate statutes concerning the issuance of bills;

1. The pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act on the choice of punishment, the grounds for sentencing of sentence of imprisonment [the scope of recommendation] general fraud [the scope of punishment]. The mitigation area (one to one year from January 100) (a person who is specially mitigated) (the person who is in charge of special mitigation] of mitigation area (one to one year).

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