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(영문) 제주지방법원 2020.04.02 2020고단290
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 13, 2019, the Defendant made a false statement to the victim D, who is a company partner in charge of accounting affairs at the C company office located in Jeju-si, Jeju-si, on March 13, 2019, stating that “The Defendant will pay KRW 500,000 in one month thereafter, as it is difficult to observe the circumstances, and if so, on June 2019, the Defendant would pay KRW 50,000 in one month thereafter.”

However, in fact, the Defendant had a total of KRW 19.47 million debt owed to the lending company at the time, and the Defendant had no intent or ability to repay the amount as promised even if it borrowed the amount from the victim because the amount was excessive by using the loan company to repay its debt.

The Defendant, by deceiving the victim as above, received two million won from the E bank account (Account Number:F) in the name of the Defendant on the same day from the victim.

2. On April 30, 2019, the Defendant, on April 30, 201, lent money to the lending company with a loan of KRW 2 million from the victim at the above place on April 30, 2019, and the Defendant would pay interest to the lending company. The Defendant would refund money after the seizure of the head of the Tong within two months.

‘A false statement' was made.

However, at the time, the Defendant had a total of KRW 1,337,00 won debt owed to the lending company, and there was no intention or ability to repay the loan even if it borrowed money because the Defendant used a considerable portion of the benefit to repay the lending company’s debt.

The Defendant, as above, by deceiving the victim, received KRW 2 million in total, including KRW 1 million on April 30, 2019, and KRW 1 million on May 3, 2019, through G where the victim was the seat of the victim, in the H Association account (Account Number: I) in the name of the Defendant.

Accordingly, the defendant was delivered property by deceiving the victim respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. There is a complaint, a copy of the agreement, a certificate of account transfer, a certificate of entry into and withdrawal from the account of the E Bank, the details of entry into and withdrawal from the H Union account, and the fact of complaint filed by the complainant who filed an investigation report

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