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(영문) 수원지방법원 성남지원 2014.05.15 2013고단2887
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Criminal facts

The Defendant served from November 1, 2004 to July 12, 2012 as an employee of E Co., Ltd., a food material distribution company located in Yong-si, Namnam-si.

On April 17, 2012, the Defendant stated that “F, a member of the foregoing company, is in need of money due to a legal suit. There is two debt collections, and there is no time to dispose of the debt.” Accordingly, the Defendant borrowed money. On the other hand, the Defendant made a false statement to the victim F, who is an employee of the said company, to pay back the debt two to three months after the disposal.”

However, in fact, the defendant's mother was not in a lawsuit, and the defendant was thought to use to repay other debts from the victim. The defendant was a house in the name of the defendant, not the house in the name of the defendant, but the defendant was not able to dispose of it at his own discretion. At the time, the defendant was unable to pay his debts with excessive expenditure and horse gambling, and the defendant was in the situation of receiving cash services by credit card or lending money from the surrounding person because he was unable to repay his debts with credit card, and there was no intention or ability to pay them even if he borrowed money from the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 12 million from the victim to the national bank account (G) in the name of the Defendant on the same day from the victim, and acquired property or pecuniary benefits by deceiving each of six victims from April 201 to July 13, 201, such as the list of crimes (except No. 12) in attached Table 201, and receiving cash payments from the victims, or by using cash services from the said national bank account, such as receiving cash services.

Summary of Evidence

1. Court statement of the defendant (which is made on the sixth trial date);

1. Each legal statement of the witness H, I, J, K, L, and F;

1. Statement of Account Transactions (F), Statement of Savings Deposit Transactions (H), and Statement of Cash Automatic Transfer Transactions (I);

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