logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2018.08.23 2018고단658
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a person who operates the “E” as a public bath material sales business entity.

On June 2016, the Defendant made a false statement to the effect that, at G office located in Kimpo-si, the Defendant would have an interest in the bathing hall business, to the victim H, who is a bath room, have a large number of manufacturing factories related to the bathing room and wholesalers, and that, “in order to conduct a bathing room test business, there are KRW 2-3 million in the price of the exhibition goods, and KRW 100 million is paid to the manufacturer and the wholesale company, so that they will be treated as a prior deposit for the release of the goods in the future, and that the test goods will be treated as free of charge by the company.”

However, even if the defendant received money from the victim at the time as a gold for the use of the bathing material, he did not have the intent or ability to get the victim to be supplied with the bathing material, and was a plan to use the defendant to pay his personal debt from the beginning.

On July 7, 2016, the Defendant: (a) by deceiving the victim; (b) obtained transfer of KRW 20 million to the post office account under the name of the Defendant; (c) KRW 30 million to the (d) I account; and (d) KRW 40 million to the Agricultural Cooperative account under the name of the J on July 27, 2016; and (c) KRW 10 million to the Defendant’s post office account under the name of the Defendant; and (d) acquired by defrauding KRW 100 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Investigation report (K telephone conversations for a witness), investigation report ( telephone conversations for a witness), investigation report ( telephone conversations for a witness I's general affairs team), investigation report ( telephone conversations for a week), investigation report (verification of the register of corporations and real estate I's real estate), investigation report (transaction details of post office account transactions for a person under investigation), investigation report (10 million won) (10 million won user);

1. A detailed statement of deposit, a statement of transaction, a detailed statement of account transaction, each loan certificate, lease contract, a detailed statement of deposit transaction, a detailed statement of bank transaction, and a detailed statement of post office account;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347(1) of the Criminal Act regarding criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the reason for sentencing of sentence of imprisonment [the scope of recommended punishment] general fraud (the amount less than KRW 100 million).

arrow