(영문) 서울중앙지방법원 2015.01.29 2013고단3437

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.01.29 2013고단3437

사기

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

Indictment

1. On September 14, 2010, the Defendant made a false statement to the effect that “(State)G, upon receipt of a loan from the above L/C, issued the L/C of USD 300,000 to the victim’s director F at the coffee shop in Gangnam-gu Seoul, the Defendant would make the said L/C to make the (State)E pay the full deposit to the PLT, which is a telecommunication company in the Republic of Korea, and to link the said PLT with the PLT.”

However, even if the victim issues a letter of credit, the defendant did not have any intent or ability to allow the victim to operate the telecommunications business under the above PLDT or to link the victim with the PLDT.

On September 15, 2010, the victim submitted the report on the guarantee contract of 300,000 won of the L/C to the National Bank of Korea. On September 20, 2010, the Bank issued 300,000 L/C at the Mauma branch of the Foreign Exchange Bank, and the defendant acquired 30,000 money from the above L/C at the Mauma branch of the Foreign Exchange Bank.

2. In around 2009, the Defendant made a false statement to the victim that “Around November 2009 and around November 201, 2010, the Defendant borrowed money from (i)G to (ii) in relation to the contract of PLDT with (iii) tax service. Upon completion of the project, the Defendant would be entitled to a monopoly contract in (iv)E, and (iv) would offset the amount to be paid in ( state)G from (e) the amount of money to be paid in ( state).”

However, in fact, since the defendant did not own property and the above communications business was not carried out, even if he borrowed money from the victim, he did not have the intention or ability to pay the money.

Around November 26, 2009, the Defendant received from the victim the amount of KRW 10 million from the Cit Bank account under the name of the Defendant, and obtained KRW 5 million from the same account around November 10, 2010, respectively, and acquired it by deception.

【Disposition and Judgment】

1. The summary of Defendant’s assertion is 300,000 loans.

유사 판례

-인천지방법원 2017.11.10 2017고합420

-서울북부지방법원 2013.05.24 2012고단2599

-서울중앙지방법원 2013.04.18 2012고합1804

-수원지방법원 성남지원 2015.10.29 2014고단261

-의정부지방법원 고양지원 2015.02.27 2014고단2139