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(영문) 대구지방법원 서부지원 2020.02.13 2019고정445
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 29, 2018, the Defendant was sentenced to six months of imprisonment for a crime of fraud in the Yeongdeungpo District Court (Seoul District Court), and the judgment became final and conclusive on April 3, 2019.

On June 7, 2018, the Defendant stated that “The Defendant would work at the Dag bank operated by the victim C in Gangseo-si, Gangnam-si, the victim “ will work at the Dag bank, the 3 million won of the advance payment.”

However, even if the defendant received money from the victim, the defendant did not intend to work in multiple ways, and the above prepaid amount was thought to be used as a return of the prepaid amount or an agreement in a criminal trial.

Nevertheless, on June 20, 2018, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim to the account of community credit cooperatives (E) under the name of the Defendant on the same day, and by making a false statement to the victim at a closed place on June 20, 2018, stating that “The parent shall pay KRW 600,000 to the above account if he/she lends KRW 600,000 as he/she needs to pay hospital expenses to him/her.” On June 23, 2018, the Defendant took charge of receiving KRW 380,000,000 from the above account by making a false statement to the victim “on the street on which he/she would pay back KRW 20,000 to him/her, by making a false statement to the victim.”

Around November 21, 2017, the Defendant, “2019 Highly 489,” said that the Defendant, even if receiving the advance payment from the victim G management bank located in the Young-gu Seoul Special Metropolitan City, would make the advance payment to be extremely high on the face of the victim, even though he/she did not have the intent or ability to work, and received the advance payment from the victim who believed it to the account of community credit cooperatives in the name of the Defendant, namely, from the victim who believed it, received KRW 2,00,000 as the advance payment.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

"2019, 445"

1. Police suspect interrogation protocol of the accused;

1. Statement of the police in relation to C - ten copies of written confirmation of the result of transfer; and

1. "Pasia 2019, 489".

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