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(영문) 청주지방법원 충주지원 2021.03.16 2020고단711
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 25, 2013, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Southern District Court and two years of suspended execution, and the judgment became final and conclusive on May 3, 2013.

In November 2012, the Defendant changed the construction project of air conditioners to the victim B in the name of “D” in the name of “D” to the victim B, at the time of Ansan-si (hereinafter referred to as the “Seong-si”). The Defendant would have invested the down payment and intermediate payment necessary for the purchase of the site, the right to construct the air conditioners, the right to construct the air conditioners, and then distribute profits if profits occur.

“A false statement was made to the effect that it was “.”

However, the Defendant was under bad credit standing due to the Defendant’s failure to repay credit card payments at the time. The Defendant borrowed approximately KRW 650 million from creditors, including E, and failed to repay them. At the time, the Defendant was unable to normally proceed with the construction project of “G” in the Gyeonggi-do, where the Defendant was under separate proceeding, due to the Defendant’s excess of the Defendant’s obligation and failure to raise business funds. Since the Defendant was willing to use considerable portion of the purchase deposit and intermediate payment of the D warehouse site paid by the injured party for the part unrelated to the purchase of the said site, even if he was paid money from the injured party, the Defendant would normally proceed with the D warehouse construction project, and there was no intent or ability to enable the injured party to perform the construction of the D warehouse, or distribute the proceeds to the victim.

The Defendant, as such, by deceiving the victim, was transferred from the victim to H bank accounts (Account Number: I) in the name of H bank account (Account Number) in the name of the Defendant managing the Defendant, which is KRW 30 million around November 20, 2012, KRW 20 million around November 22, 2012, KRW 70 million around December 10, 2012, KRW 20 million around December 21, 2012, KRW 30 million, and KRW 150 million in total, in the name of the Defendant managing the Plaintiff.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by each public prosecutor with respect to B;

1. A certificate fully registered with regard to real estate;

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