logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.09.23 2019고단4047
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 10, 2018, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on May 18, 2018.

【Criminal Facts】

In September 2017, the Defendant stated that “The Defendant issued a payment guarantee letter to use goods at a trading office” to the victim D in the C coffee shop located in Dongjak-gu Seoul Metropolitan Government, and subsequently received a claim from the victim on the ground that it could not be used due to the failure to pay the payment guarantee fee from the victim on September 2017, 2017, the Defendant stated that “the business partnership whose parents are the same as the parents has a building equivalent to KRW 7 billion.” The Defendant secured this, issued a payment guarantee letter issued by the FB and replaced the payment guarantee letter to the extent of KRW 2 billion, and changed the expenses.”

However, in fact, the Defendant had no intention to pay the E payment guarantee fee equivalent to 5% of the guaranteed amount from the beginning, and there was no intention to provide the victim with the above security and issued the F payment guarantee certificate and did not have the intent and ability to deliver it.

Nevertheless, from September 18, 2017 to December 20 of the same year, the Defendant received a total of KRW 15,100,000 from the victim as indicated in the attached crime list from September 18, 2017.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses D in the third protocol of the trial;

1. Prosecutions and police suspect interrogation records of the accused;

1. The prosecutor's office and the police's statement concerning D;

1. Each investigation report (a search and seizure warrant 1 and a second execution reply document attached), investigation report (a telephone call between the nominal owner and the account holder), investigation report (including submission of the account holder G and the suspect's residence), and the former husband of H in the account holder of the deposit account.

arrow