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(영문) 서울북부지방법원 2018.04.19 2017고단4168
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant, who is a person living together with E who operates the "D" salary provision site in the Gangnam-gu Seoul Metropolitan Government, was aware of the victim F who was working as a direct factory official while assisting the business of managing the above factory fund.

On December 12, 2015, the Defendant stated that “G does not have money” to the victim via mobile phone Kakao Stockholm messages at a remote place no more than South Manpoon on December 12, 2015, the Defendant called G head of G Tong with KRW 700,000 attached to the G head of G Tong, thereby going to the Jeju Myeon.”

However, at the time of the above plant, the Defendant only assisted the work of E in the above plant, and there was no special revenue, and was in an economically difficult situation because he was designated as a person eligible for livelihood benefits from the early 2015, and E did not request the Defendant to lend money to another person because he did not have any money. Since the above G account card was held by the Defendant, the Defendant was thought to use the above money borrowed from the complainant for personal purpose, and there was no intention or ability to repay the money even if he borrowed the above money from the complainant.

Defendant deceiving the victim as above and transferred KRW 700,000 to G National Bank Account (H) designated by the Defendant as the borrowed money from the victim.

In addition, the Defendant, from around that time to April 29, 2016, by deceiving the victim on a total of six occasions, as shown in the list of crimes in attached Table, and was issued a total of KRW 13,200,000 from each account and cash designated by the Defendant from the damaged person.

Summary of Evidence

1. The defendant's legal statement (as at the fifth public trial date);

1. Each police statement made to F and E;

1. Details of financial account transactions;

1. Photographss to close the details of transfer and withdrawal;

1. Application of the photographic Acts and subordinate statutes by capturing each letter message;

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act, and Articles 347(1) and 347 of the Criminal Act, respectively, concerning criminal facts.

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