logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.08.27 2013고단1690
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall obtain the amount of 140,000,000 won by fraud from the applicant for compensation and shall do so on March 2013.

Reasons

Punishment of the crime

"2013 Highest 1690"

1. On December 1, 2012, the Defendant, on December 1, 2012, against the victim D, made a false statement to the victim D that “If the Defendant, at the G office operated by the Defendant on the third floor of the F building in Gangnam-gu Seoul Metropolitan Government, he would pay KRW 100 million to the victim D after six months.”

However, in fact, the defendant's business entity was not trying to buy the equipment for the development of the fishing system. At the time, there was a debt of approximately KRW 500 million, and there was no particular sales. Since the money borrowed from the victim was thought to be used in terms of the employee's pay, credit card settlement, monthly rent, and drinking value, there was no intention or ability to repay the money even if it was borrowed from the victim.

The Defendant, as such, by deceiving the victim, received KRW 100 million from the victim around December 5, 2012.

2. On February 28, 2013, the defrauded Defendant, at the same place as before and after February 28, 2013, concluded that “If the Defendant borrowed KRW 40 million to the victim D, he/she would have to repay the borrowed money to H by borrowing KRW 300 million to the victim and then having to repay the borrowed money again.”

However, even if the victim borrowed money from the victim, it was not possible to borrow KRW 300 million from H, and since the lending money was thought to be used for the Defendant’s business operation expenses, there was no intention or ability to repay the money even if it was borrowed from the victim.

The Defendant, as such, by deceiving the victim, received a remittance of KRW 40 million from the victim around February 28, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Statements made by witnesses D in the second trial records, and by witnesses J in the third trial records;

1. Each prosecutor's protocol of examination of part of the accused (including D's statement);

1. Each prosecutor's protocol of statement against D and J;

1. Statement made to D by the police;

1. The Defendant’s assertion of transaction details is determined.

arrow