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(영문) 전주지방법원 2016.10.18 2016고단1145
사기
Text

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

Reasons

Punishment of the crime

[Criminal Power] On July 22, 2016, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Jeonju District Court, and the judgment became final and conclusive on August 22, 2016.

【Criminal Facts】

The Defendant, even though he was aware of the fact that the electronic bill (bill No. : E) was not in a real transaction relationship and expected to be in a bad faith, was used to obtain money and valuables as a cost for the bill as if it was a true bill.

On January 6, 2016, the Defendant presented the note to the victim G at the “H” office operated by the victim G in Seo-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City on January 6, 2016, and “this bill is paid at the price of the work, and is 100% of this bill. It is necessary to discount this bill. On the discount of this bill, KRW 20 million is required. On the discount of the bill, the Defendant would give KRW 23 million until January 15, 2016. Therefore, the Defendant borrowed KRW 20 million.”

However, the above bill was known that the defendant did not receive the payment for the work, but did not undergo the normal distribution process. The defendant knew that the bill was not paid at the due date.

Since the Defendant had no particular revenue or property, and was in excess of the obligation that was urged to repay the existing debt, even if he/she borrowed money from the victim, he/she did not have an intent or ability to repay it.

On January 7, 2016, the Defendant, by deceiving the victim, received 20 million won from the victim to the Agricultural Cooperative Account (J) in the name of a limited liability company I on January 7, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police against K;

1. The police statement concerning G;

1. A written agreement for collection to which a bill is to be issued, or a loan certificate;

1. Details of deposits from victims;

1. Previouss before judgment: Criminal records, etc., the inquiry report, previous records of dispositions, results of confirmation, and criminal investigation report, and the suspect A is under separate restraint;

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