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(영문) 수원지방법원 평택지원 2018.09.13 2018고단236
사기
Text

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

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

Reasons

Punishment of the crime

On September 2016, the Defendant: “D” page in Pyeongtaek-si Co., Ltd., and around early September 2016, the Defendant: (a) was punished by having the Victim E handle the camping-gu boat and tabler in advance; (b) at this time, his father borrowed “F” from the company, and (c) supported the camping player and table player and advertised the company.

In addition, if he/she imports a set and a consignment from a foreign country and takes them over to a business operator, he/she may obtain a profit of KRW 10,000 per unit, and he/she may also make a profit on a certain date.

If an investment is made in this project, the profit will be paid by January 2017.

“Around September 10, 2016, KRW 2 million was remitted from the injured party to the national bank account in the name of the Defendant.”

However, the Defendant had no particular property at the time of receiving money from a person suffering from a factual injury. The Defendant was in a situation where it was practically difficult to create a normal profit because it was not fully prepared for business activities, such as securing a customer, purchasing goods, etc., and even if he/she thought that he/she received money from the victim as personal living expenses, etc., he/she did not have the intent or ability to pay the money to the victim.

As a result, the Defendant, by deceiving the victim, received 2 million won from the victim, and acquired it by transfer, from March 21, 2017 to March 21, 2017, by deceiving the victim as shown in the list of crimes, and then by deceiving the victim, he received the total sum of 25,210,000 won from the victim through 28 times.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Adjustment of transaction details, verification of transfer of Internet banking transfer, account transaction details, and each investigation report (the defendant and his defense counsel).

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