logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.08.09 2018고단893
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a person who actually operates a law firm lending company with the trade name “B”.

On May 2017, the Defendant: (a) at a “D” restaurant located in Yangsan-si, Yangsan-si; (b) the victim F, the representative of the “E” corporation, “E” in Ulsan-si; (c) the construction site of the four new construction site of the complex building located in Ulsan-si; and (d) the construction site that G implemented and H performed by the corporation.

In the construction site, the Corporation was awarded a subcontract for concrete another construction project by H.

The equipment rent will be paid immediately as the construction cost is paid every month by H, a corporation, which is a contractor, at the time of the implementation of concrete other snow works with high voltage equipment at the construction site.

“A false statement” was made.

However, at the time of fact, the Defendant did not have any particular property and the financial situation aggravated due to the aggravation of the operation of the above “B,” and even if the construction price was paid by H, the Defendant appropriated the Defendant’s payment of the pre-existing debt and used it as so-called “prevention from returning”, and thus, the Defendant did not have any intent or ability to pay the equipment rent, etc. to the victim on time even if the victim installed concrete building works.

As above, the Defendant: (a) induced the victim; (b) caused the victim to take advantage of high-tension snow equipment from May 25, 2017 to July 2017; and (c) did not pay KRW 60,074,30,000 for the installation of concrete and pipes; and (b) obtained pecuniary benefits equivalent to the same amount, even if the Defendant did not pay KRW 60,074,30.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a complaint, content verification, electronic tax invoice, physical form, suspect’s text message, investigation report (Attachment of transfer details), I transfer confirmation certificate, investigation report (B account transaction details).

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 of the Criminal Act:

arrow