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(영문) 전주지방법원 2021.01.13 2019고단1182
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2019 order 1182]

1. Fraud against the victim B;

A. On May 10, 2017, the Defendant is the nominal defrauded of the borrowed money, at the victim’s residence located in Seongdong-gu Seoul apartment C apartment unit D, Seongbuk-gu, Changwon-si, Sungwon-si, Seoul, and at the victim’s residence, who was under the teaching system, Japan should go to Japan.

There is a lack of funds to cover the cost of virtual business with money.

If a loan of 3 million won is lent, it will be repaid later than one month after the Japanese woman.

“The purpose of “ was to make a false statement.”

However, there is no fact that the defendant did business in Japan, and even if he borrowed money from the injured party, the defendant did not have an intention or ability to pay the money.

The Defendant, as above, was issued KRW 35,500,000 in total over 13 times, as shown in the crime inundation table (1) by October 3, 2017, including the deception by deceiving the victim and obtaining KRW 3 million from the injured party on May 10, 2017 to obtain the delivery of KRW 3 million from the injured party on or around October 3, 2017.

B. On May 2017, the Defendant’s fraud of credit card payments should be the victim’s residence in the victim B as stated in paragraph (1) of this Article, and “the steel tower business should also be carried out,” to the victim who was under the teaching system.

It is expected that the credit card will be repaid with the money borrowed from the credit card, and the credit card will be repaid without any difference.

be trustable.

“The purpose of “ was to make a false statement.”

However, there is no fact that the defendant carried on the steel tower business, and even if he borrowed a credit card from the victim and uses it, he did not have the intention or ability to pay the user fee.

피고 인은 위와 같이 피해자를 기망하여 2017. 5. 15. 피해 자로부터 교부 받은 E 카드로 70,000원을 결제하여 그 대금 상당액을 편취한 것을 비롯하여 위 일 시경부터 2017. 8. 22. 경까지 별지 범죄 일람표 ⑵, ⑶, ⑷, ⑸, ⑹ 기재와 같이 총 185회에 걸쳐 합계 57,426,872원 상당을 피해 자의 신용카드로 결제한 후 변제하지 않는 방법으로 동액 상당의 재산상 이익을 취득하였다.

[2019 order 1224]

2. Embezzlement.

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