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(영문) 수원지방법원안산지원 2020.09.18 2019고단4312
사기
Text

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

Reasons

Punishment of the crime

1. Around August 2017, the Defendant, at the scene of the removal of the “Co. D” factory building located in Silung-si, the victim B, saying, “In-house, the Defendant entered into a contract for the removal of the D factory, which would have the Plaintiff receive money from the victim B.”

However, in fact, the defendant did not have entered into a removal contract with D Co., Ltd., and there was no intention or ability to allow the victim to enter into the removal contract.

Nevertheless, on August 9, 2017, the Defendant received KRW 50 million from the victim to the E bank account (F) account under the name of the Defendant, and acquired it by fraud.

2. On March 13, 2018, the Defendant against the victim G: “Around March 13, 2018, the Defendant borrowed only KRW 10 million from the victim G to the effect that “the amount of money is insufficient to obtain a successful bid for removal at home, and the full payment is to be made after one-third months,” and the Defendant borrowed only KRW 10 million around March 16, 2018.

It shall pay interest to the foregoing borrowed money with interest thereon.

“.........”

However, in fact, the defendant was merely 2,300 won in the balance at the time, and received money from the victim in excess of his/her obligation such as delayed payment due to the card payment, but he/she was thought to use it for personal purposes, such as living expenses, etc., and there was no intention or ability to use the money for receiving the successful bid for the removal and to repay again

Nevertheless, the Defendant received from the victim the money of KRW 20 million on March 13, 2018 from the victim to the E (F) account in the name of the Defendant, and acquired the money of KRW 16.1 million on March 16, 201, respectively.

Summary of Evidence

1. Each police suspect interrogation protocol of the defendant concerning H and I;

1. Each police statement concerning B and G;

1. Each complaint;

1. A contract agreement for construction works;

1. Detailed statement of transactions by account and written confirmation of the results of electronic financial transfer;

1. The investigation report (the statement of a stock company D or J director phone) and the details of the entrance and exit of suspects.

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