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(영문) 인천지방법원 2014.07.24 2014고단802
사기
Text

A defendant shall be punished by imprisonment for two years.

except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2014 Highest 802] On December 23, 2003, the Defendant made a false statement to the victim C by telephone, stating that “Seoul is a director of a foreign shipping company, and is paid monthly pay exceeding KRW 100 million.” However, as it does not pay monthly pay, it is necessary to pay money, and it is necessary to pay money. If a salary is paid, the Defendant would pay the money immediately.”

However, in fact, the defendant did not receive a monthly payment exceeding KRW 100 million, and even if he was paid a monthly payment, he did not think that he would be able to repay the borrowed money of the victim. Therefore, even if he borrowed money from the victim, he did not have the intention or ability to pay it.

As above, the Defendant, by deceiving the victim as above, received KRW 100,00 from the victim’s foreign exchange bank account (D) to the Defendant’s account, and by deceiving the Defendant’s husband, from around that time to March 14, 2009, he received KRW 289,125,000 in total on 207 occasions, by deceiving the Defendant that he had the ability to repay, such as the Defendant’s husband was paid monthly wage exceeding KRW 100,00,000, from around that time to March 14, 2009, and received KRW 289,125,000 in total.

[2014 Highest 2307] On November 14, 2007, the Defendant made a false statement that the Defendant would lend money to the said victim after two days from the G clothes shop operated by the Victim F in Gyeyang-gu Incheon E market.

However, due to the fact that the defendant did not have any income, even if he borrowed money from the victim, the defendant did not have any ability or intent to repay it.

As above, the Defendant, as described in the attached Table (2), by deceiving the victim, received KRW 50,00 from November 14, 2007 to January 23, 2009, received a total of 15,420,000 won from around November 14, 2007 to receive KRW 15,420,00 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with respect to C and F;

1. Acts and subordinate statutes concerning remittance details, copies of bankbooks, recording notes, and copies of bankbooks;

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