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(영문) 부산지방법원 동부지원 2016.09.22 2016고단207
사기등
Text

(A) The crime No. 2-A of the judgment of the defendant shall be sentenced to one year of imprisonment, and the crime No. 2-B of the judgment, six months of imprisonment.

Reasons

Punishment of the crime

[2016 Highest 207]

1. On January 23, 2014, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Busan District Court, and the judgment became final and conclusive on June 28, 2014.

2. The Defendant committed the instant crime: (a) only had been engaged in small petroleum sales brokerage in Korea at the time of the instant crime; (b) there was no permanent domicile for any business that imported and sold free petroleum abroad to the domestic shipping company; (c) there was no capital or tax-free purchase place, sales place, and know-how to conduct the import and sales business of free petroleum; and (d) even if the Defendant borrowed money to the victim, there was no intent or ability to pay the principal by opening a letter of credit for import of free petroleum normally as agreed upon, and paying interest on, imported, sold, and distributed with free petroleum.

A. On March 2014, the Defendant: (a) committed fraud against the Victim H, on the fourth floor of the Busan Jung-gu Office of the JJ in Busan, the fourth floor of the I building of which was actually operated by the Defendant; (b) “If the Defendant imported the duty-free oil from Korea to a foreign country; and (c) transported the oil by leasing it to a party, the Defendant would pay the principal after one year if the Defendant lent money for such business.

The charter party will be requested to the party for one year.

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

Around April 14, 2014, the Defendant: (a) by deceiving the victim as above; (b) delivered KRW 50 million from the victim to the victim; and (c) obtained KRW 50 million from the above office as a loan; and (d) obtained KRW 50 million from the same place on April 21, 2014 to obtain KRW 100 million from the victim under the same name.

B. Around May 2015, the Defendant: (a) committed fraud against the Victim K on the following occasions: (b) around May 2015, at the L Office located on the fourth floor of the I building in Busan Jung-gu, Busan on May 2015, the Defendant left a large amount of profits for the Defendant to the Defendant K, who imported the duty-free oil from Washington and sold it to the domestic shipping company.

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