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(영문) 서울남부지방법원 2020.10.07 2020고단2826
사기
Text

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

Reasons

Punishment of the crime

[Criminal Power] On December 26, 2014, the Defendant was sentenced to six years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on August 27, 2015, and the judgment became final and conclusive.

【Criminal Facts】

The defendant introduced the victim B as the manager of the victim C, and prepared a lodging to reside in the victim, and he tried to borrow money from the victim by using the victim's request that the victim does not easily refuse to reject the request of the defendant.

1. Around July 5, 2012, the Defendant stated that “Around July 5, 2012, the Defendant would immediately repay money to the Defendant, if he/she borrowed KRW 20 million, as he/she would have raised bonds to the Defendant and borrowed money to the Defendant by raising bonds to the Defendant at no higher than Gangnam-gu Seoul, Gangnam-gu, Seoul.”

However, at the time of fact, the defendant did not have any particular occupation and was liable to pay 1.1 billion won or more, and even if he borrowed money from the victim, he did not have any intention or ability to pay it.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim a sum of KRW 2 million with a new bank account (E) in the name of D on July 5, 2012, and KRW 18 million with the same account around July 31, 2012, and acquired it by deception.

2. Around August 29, 2012, the Defendant stated that “Around August 2012, the Defendant shall pay off the Defendant a deposit if he/she borrowed KRW 20 million as company operating expenses to the victim from the Buddhist area of Gangnam-gu, Gangnam-gu, Seoul (Seoul) (hereinafter referred to as “Seoul-dong”) to the victim.”

However, at the time of fact, the defendant did not have any particular occupation and was liable to pay 1.1 billion won or more, and even if he borrowed money from the victim, he did not have any intention or ability to pay it.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the national bank account (G) in the name of F on the same day and acquired it by deceit.

Summary of Evidence

1. On the defendant's legal statement B

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