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(영문) 서울서부지방법원 2014.02.05 2013고단396
사기
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. If the defendant does not pay the above fine, 50.1 day.

Reasons

Punishment of the crime

The Defendant is a person who operated an agency for production on the website with the trade name “C” from Mapo-gu Seoul Metropolitan Government until November 2011.

1. On August 9, 2011, the Defendant, at the victim E office located in Seocho-gu Seoul Metropolitan Government D Building 402, concluded that “If 7 million won is paid for the production price of the website, he/she will make a website up until September 9, 201,” and received 2.1 million won from the victim as the down payment under the name of the head of the Tong in the name of the Defendant on the same day.”

However, at the time, the Defendant was in arrears with the employee's benefits, and the obligation higher than 100 million won was accumulated in financial institutions, making it difficult to operate the company normally, and there was a plan to dismiss the fund solely with the down payment received from the victim, and there was no intention or ability to create the website normally.

2. On October 20, 201, the Defendant, at the victim H office located in Yongsan-gu Seoul Metropolitan Government, made a false statement to the employee I of the victim company that “The Defendant changed the amount of KRW 15,400,000 to 15,400,000,000,000 from the victim company’s staff member I, who received payment from the victim around October 26, 201.

However, at the time, the defendant was in arrears with the employee's benefits, and was unable to normally operate the company due to the cumulative debt of 100 million won or more in financial institutions, etc., and there was a plan to dismiss the fund with the down payment received from the victim, and there was no intention or ability to create the normal website for the victim.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutor's office and police interrogation protocol of the accused (including substitute part);

1. Statement of police statement to F and J;

1. Business registration certificate, copy of passbook, copy of contract, and copy; and

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