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(영문) 광주지방법원 2017.08.18 2016고단3343
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. From October 24, 2012 to January 17, 2013, the Defendant would pay the price at the E cafeteria operated by the victim C in Gwangju Seo-gu, “I work at a neighboring construction site, but I will pay the price if I want to do so.

“.....”

However, at the time, the Defendant did not have the intention or ability to pay the price properly even if he drinked at the victim's restaurant because the financial situation is not good.

The Defendant did not pay the amount of meal equivalent to KRW 762,00,00 for the same period, even though the Defendant deceivings the victim as above and was provided by the victim.

B. On November 2012, 2012, the Defendant brought the victim C inside a restaurant, such as the above paragraph (a), with the victim C.

He/she lends money to intending to buy tobacco, he/she shall make a full payment immediately.

“.....”

However, at the time, the Defendant did not have any intent or ability to immediately repay money, even if he borrowed money from the damaged party due to the lack of good financial conditions.

As above, the Defendant deceiving the victim and received KRW 10,00 won on the same day from the victim, and deceiving the victim as indicated in the list of crimes in the attached Table, and received KRW 2,10,000 in total four times from November 2, 2012 to January 2, 2013.

2. On July 1, 2014, the Defendant, against the victim F, would allow the victim F to carry out remodeling works at the fireworks operated by the victim F in Gwangju-dong G.

An advance payment of KRW 2 million will begin the construction immediately from July 4, 2014 and end the construction within one week.

“.....”

However, even if the defendant received money from the injured party, he did not have an intention or ability to execute the construction as agreed.

The Defendant deceivings the victim as above and transferred KRW 2 million to the H account in the name of H on July 3, 2014.

3. Fraud to the victim I.

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