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(영문) 인천지방법원 2019.10.10 2019고단5885
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 of the final judgment.

Reasons

Punishment of the crime

After the lack of living expenses, the Defendant committed fraud against the Internet Dozers to which the Defendant joined.

1. Around September 21, 2016, the Defendant against the victim B made a false statement that “A victim B, who was in a de facto marital relationship with the Defendant, operates a marina business establishment in the Seogu-gu, Daegu-gu, Daegu-gu, wherein he/she deposited an investment amount of KRW 9.8 million in the F Bank account (Account Number: G) in the name of E, may receive at least KRW 1 million per month.”

However, the fact that the above account was used by the defendant, because it was planned to receive money from the victim as the above account and use it as the cost of living, there was no intention or ability to pay the profit of the business center to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 9,80,000 from the victim to the above account on the 23th day of the same month, and acquired KRW 32,800,000 in total over 10 times from that time to June 24, 2017, such as the list of crimes (1).

2. On August 24, 2018, the Defendant against the victim H, who was aware of the Defendant’s residence located in the Nam-gu Incheon Metropolitan City, Nam-gu I, by cell phone, told the victim H of 1,500,000 won as K Messen using a cell phone, and there is no fraud against the beneficiary. There is no fraud against the beneficiary. There is a share in the marina business operated by Massen, and if there is a share of 1,50,000 won, it would be repaid by settlement of the share.

However, in fact, the defendant did not have shares in the above marina business establishment, and even if he borrowed money from the victim, he was planned to use it as living expenses, and there was no intention or ability to pay it to the victim.

Nevertheless, the defendant deceivings the victim as above and belongs to it.

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