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(영문) 대구지방법원 상주지원 2017.05.23 2016고단215
사기등
Text

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

Reasons

Punishment of the crime

The defendant, in the name of Sacheon City Co., Ltd. C, engaged in automobile repair and collection business as a person who carried on the same business with D, and engaged in automobile parts business.

1. The Defendant, on March 2014, proposed to provide a club service to the victim D at his/her store in the middle of the police officer, and provided a loan of KRW 30 million to his/her parents within a three-month period, he/she would have paid money by harvesting the trend that his/her parents cultivated within the three-month period.

“The phrase was made.”

However, the defendant did not have the intent or ability to repay the investment even if he borrowed the investment from the injured party.

Nevertheless, on April 2, 2014, the Defendant received money of KRW 30 million from the damaged person to the E account in the name of the damaged person and acquired it by defrauded.

2. On September 3, 2014, the Defendant: (a) collected KRW 100,00 from Samsung Motor VehicleF G, a business partner, and used KRW 100,00 for a victim Co., Ltd.; (b) used the amount for personal purposes at Sacheon-si KRW 1,00; (c) around that time, from around that time to December 4, 2014, the Defendant embezzled the amount of KRW 5,477,00 for six times as in the list of crimes, and used it for personal purposes while working for the victim.

3. On July 2014, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business said that “The Defendant issued credit cards to the victim D, because funds to be used for purchasing parts and goods necessary for business need to be used.”

However, even if the defendant was issued a credit card under his name from the injured party, he did not think that the credit card was used for business purposes, and was thought to be used as living expenses, entertainment expenses, etc.

As such, the Defendant, by deceiving the victim, received modern credit cards under the victim’s name from July 3, 2014 to January 13, 2015, using the amount equivalent to KRW 10,594,110, as in attached Table 2, as in the list of crimes, from July 3, 2014 to January 13, 2015.

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