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(영문) 의정부지방법원 고양지원 2015.11.12 2015고단825
사기
Text

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

Reasons

Punishment of the crime

1. On December 24, 2010, the Defendant committed the crime against the victim C by phone calling the victim C at the Eju station operated by the Defendant located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu, U.S.A., and false statement to the victim C, stating that “I will complete payment within one month if I lend 15 million won to the Plaintiff any short of funds to purchase his name.”

However, in fact, even if the Defendant borrowed money from the victim, it was intended to use it as an individual debt, and did not intend to use it as an oil purchase price, and the financial institution has a debt of approximately KRW 130 million, and the amount borrowed from the other party shall be KRW 100 million, and about KRW 6.4 million shall be paid on the interest per month, while the operation of the gas station was in the state of enemy, the Defendant did not have any intent or ability to repay the borrowed money to the victim.

The Defendant received from the victim a total of KRW 15 million on two occasions via the Defendant’s national bank account (Account NumberF) in the name of the same day.

Accordingly, the Defendant, as seen above, was issued KRW 15 million from the victim by deceiving the victim.

2. Crimes against victims G;

A. A. Around November 6, 2009, the Defendant made a false statement at the above E station around November 6, 2009, stating that “The Defendant shall pay back the purchase price of oil necessary for the operation of the station to the victim G.”

However, in fact, the Defendant has a financial institution’s obligation of approximately KRW 130 million, borrowed money from the branch, and paid approximately KRW 6.4 million per month interest, and the monthly payment is KRW 2.1 million, while the operation of the station was proper, the Defendant did not have any intent or ability to repay the borrowed money to the victim even if it borrowed money from the victim.

As above, the defendant deceivings the victim and receives 30 million won from the victim's new bank account (Account Number H) with the same day borrowed from the victim.

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