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(영문) 전주지방법원 군산지원 2019.10.02 2019고단563
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 became final and conclusive.

Reasons

Punishment of the crime

On August 8, 2013, the Defendant was sentenced to eight months of imprisonment for fraud in the Jeonju District Court’s Military Accounting Support, and the judgment became final and conclusive on August 17, 2013.

around December 2010, the Defendant: (a) received investment KRW 15 million from B, but failed to purchase scrap metal; (b) filed a complaint around May 2012; (c) around May 201, the Defendant received KRW 30 million from C as the price for the supply of scrap metal, but failed to supply scrap metal; and (d) failed to supply scrap water to C, which was necessary to pay to B and C, on or around February 2013, due to the necessity of funds to be repaid, the Defendant received money from the victim, who operates D, as the price for the supply of new stocks, from the victim, to raise the repayment fund.

Accordingly, around February 2013, the Defendant would supply the victim with new stocks equivalent to KRW 20 million on the face of the week when he first pays KRW 20 million to the victim in the “D” located in the Sinsan-si, Sinsan-si.

Although the Defendant stated to the effect that “the above funds were needed to repay, and there was an individual debt worth KRW 100,000,000, and thus there was no other means to procure new stocks from the victim, even if the Defendant did not intend to use them as the amount of compensation for damage to B, etc., and did not have the intent or ability to deliver the new stocks equivalent to KRW 20,000,000 to the victim.

As above, the Defendant deceivings the victim, and thereby deceiving him, KRW 10 million from the victim around March 30, 2013;

4. Around January 1, 200, KRW 10 million was transferred to a post office account under the name of the Defendant, respectively, and acquired the total amount of KRW 20 million by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint, a letter, a statement of entry and exit transactions, details of account transactions, G, and each investigation report (report on the telephone call of a reference witness B, and a report on the withdrawal of a complaint against a fraudulent case No. 2013No. 644, Feb. 1, 201)

1. Previous convictions in judgment: Criminal records and investigation reports (reports on the same criminal records and attachment of written judgments against a suspect);

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