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(영문) 대구지방법원 안동지원 2020.01.21 2019고단551
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On March 4, 2017, the Defendant stated that “D” operated by the victim C in Seoul Special Metropolitan City on March 4, 2017, the Defendant provided that “A victim shall use the business fund and his/her parent’s college education fund for five months if he/she lends money to the victim.”

However, in fact, the Defendant did not own the property at the time, but did not bear approximately KRW 400,000,00, and thus, it was thought that the Defendant would use the money borrowed from the victim to repay other debts, and did not have any idea to use it as business funds and his/her father’s college uniform. There was no intention or ability to repay the money borrowed from the victim to the victim.

On March 6, 2017, the Defendant made a false statement to the victim, and acquired 30 million won from the victim through a national bank account (E) in the name of the Defendant.

2. “Around December 1, 2014, the Defendant sent phone to the Victim F, who was known to the usual meeting at a place that was not revealed at the time of December 1, 2014, and called “a wife, while hospitalized in G hospital, lent the hospital fee to G hospital.”

However, the defendant was thought to use the defendant's existing debt repayment, not the hospital expenses of the wife, even if he borrowed money from the victim with respect to the gas sales business that he had been operated at the time, and there was no ability or intent to repay the money borrowed from the victim because he had already borne a large amount of debts.

As above, the Defendant, by deceiving the victim as above, received 3.5 million won from the national bank account (Account Number E) in the name of the Defendant on the same day from the victim, and took over 1.6 million won through a total of 13 times from August 31, 2017, such as the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and F;

1. The provisions of each Act and subordinate statutes applicable to the details of transactions in each account, credit information history, and investigation reports;

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