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(영문) 광주지방법원 2013.07.12 2013고단420
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[criminal power] On February 18, 2010, the Defendant was released on August 12, 2011 and was scheduled to terminate the term of punishment on February 26, 2012 at the Incheon District Court’s Incheon District Court for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (the foregoing judgment became final and conclusive on May 7, 2010). On December 3, 2012, the Defendant was detained by law for six months as sentenced to imprisonment with prison labor for the crime of forging documents in the wooden Branch of the Gwangju District Court. The above judgment became final and conclusive on May 13, 2013.

【Criminal Facts】

The Defendant received money from the victim, and even if investing in the land purchase project and apartment sale project promoted by C, it is unclear whether to pay profits, and there is no particular revenue or property, and thus there is no intent and ability to pay the money received from the victim. However, the Defendant, from around 200, issued money from the said D to use it for the purpose of the company’s business fund by obtaining a false statement that it is a serious E station operated by the said C and a confidential information personnel who works for the State.

1. Around September 21, 2011, the Defendant made a false statement with the victim’s house located in the Gwangjin-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Gwangjin-gu, stating that “The Defendant has to pay off the company funds to the victim. The Defendant borrowed the money from the next week to the next week.”

However, the defendant did not have the intention or ability to pay the above money to the next week.

Nevertheless, the defendant made a false statement as above and received 4 million won from the victim to the passbook in the name of the defendant on the same day as the loan money.

2. On October 13, 2011, the Defendant, at the home of the above victim, knew that the victim entered into a contract for the scambling with his her scambling with his her scambling with his her scambling, and terminated the scambling contract to the victim.

The directors of Gangwon-do celebrats are located in the house.

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