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(영문) 대전지방법원 서산지원 2018.11.01 2018고단766
사기
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On July 29, 2015, the Defendant made a false statement to the victim E, the representative of the victim, at the victim's D office located on the fifth floor of the Suwon-gu Seoul Metropolitan City, Daegu Metropolitan Government, that "I would like to make a full payment within three months if I lend the amount of KRW 100 million as I urgently needed. I would like to offer a full payment contract to secure the right to the apartment upon completion of the construction of the apartment as security."

However, in fact, the Defendant was not only in excess of the debt burden of KRW 100 million at the time, but also did not have a representative director H as a joint guarantor. The above apartment was subject to the prior executor and the contractor and the investor’s consent to provide the right to the apartment as a security for an apartment held by the International Asset Trust Co., Ltd., but the Defendant did not obtain the above consent and could not offer the right to the above apartment as a security to the victim company. Even if the Defendant was paid KRW 100 million from the victim company as above, he did not have any intent or ability to pay the above amount to the victim company.

Nevertheless, the defendant deceiving the representative E of the victim's company as above and deceiving it from the victim's company.

7. 30. The Defendant received KRW 100 million from the bank account in the name of the Defendant and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and E;

1. Details of the accusation, process deed, content certification, and text message;

1. Details of transfer of an account, such as a report on investigation (Submission of suspect's statement of lending and borrowing of money, account transaction details, etc.), cash consumption lending and lending contract, etc.;

1. Requests for cooperation in investigation (credit inquiry, etc.) and replies;

1. Investigation reports (Submission of the current status of the progress of the project, seizure of claims, certificates of registration, etc.) and the current status of the progress of the project;

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