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(영문) 서울서부지방법원 2016.04.26 2016고단268
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 16, 2014, the Defendant was sentenced to 8 months of imprisonment for fraud at the Seoul Central District Court and 2 years of suspended execution, and the judgment became final and conclusive on December 12, 2014.

On September 24, 2012, the Defendant received orders for water leakage works and water leakage works from the Water Resources Corporation or the Seoul Metropolitan Government Water Supply Business Office on September 24, 2012, in the mutual influorial accounting office near the subway lines of 340, Gangnam-gu, Seoul, to the victim H.

In our company, it concluded that the contract deposit amount of KRW 200 million is to be paid to our company, thereby allowing our company to undertake the construction works to be received by orders.

However, at the time, I did not receive the payment from the Water Resources Corporation or the Seoul City Water Supply Business on an annual scale of KRW 20 billion, and in fact there was no intention or ability to return the money received from the injured party, even if it was paid from the injured party, I thought it as personnel expenses for other construction sites. In addition, the Defendant had no intention or ability to return the money received from the injured party because he was a bad credit holder at that time.

Nevertheless, on September 26, 2012, the defendant deceivings the victim as above and transferred KRW 60 million to the SC Jeju Bank account under the name of the defendant's wife on September 26, 2012.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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