logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.01.25 2017고단6488
사기
Text

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

Reasons

Punishment of the crime

1. On August 31, 2015, the Defendant ought to provide the victim C with the phone call at an influence place, with goods sold in order to store goods at an acceptable golf course.

Since money is required to purchase clothes and golf clubs, it was false to the effect that the principal will be repaid up to the end of December and that 6% per month will be sent as profits.

However, at that time, the Defendant did not have any particular property, and the amount equivalent to KRW 90,000,000 for financial institutions’ obligations and the National Tax Service’s delinquent tax amounting to KRW 30,000,000. The Defendant did not have any intent or ability to complete payment even if he borrowed money from the damaged party in an uncertain state of the profitability of the golf products store.

The Defendant, as above, by deceiving the victim, received the money from the victim to the Defendant’s account (Korean bank E) under the name of borrowing KRW 40 million from the victim, and KRW 10 million from September 1, 2015.

2. On November 25, 2015, the Defendant would be subject to a tax investigation to the victim C at an influent place on November 25, 2015, where the Defendant intended to purchase golf fences, and where the amount of money in the account is too large.

Then, it was false that you will pay KRW 50 million to the account of the wife F by December 28, 190, including KRW 50 million, and the Note would pay KRW 60.5 million by December 28, 199.

However, at that time, the Defendant did not have any particular property, and the amount equivalent to KRW 90,000,000 and the amount of tax in arrears with the National Tax Service was equivalent to KRW 30,000,000. The Defendant did not have any intent or ability to complete payment even if he borrowed money from the damaged party because the Defendant’s golf equipment store was not operated well.

As above, the Defendant, by deceiving the victim as above, received 50 million won from the victim to the Defendant’s wife F’s account (Seoul Bank G) on the same day as the loan money from the victim, and acquired it by defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to the complaint;

1. Criminal facts;

arrow