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(영문) 춘천지방법원 2018.08.28 2017고단569
사기
Text

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

Reasons

Punishment of the crime

The Defendant was sentenced to a suspended sentence of one year and six months on November 5, 2013, and the judgment became final and conclusive on November 13, 2013 at the Chuncheon District Court on November 5, 2013. ② On January 21, 2016, the Busan District Court was sentenced to eight months of imprisonment for a crime of fraud in its branch branch, and the judgment became final and conclusive on September 9, 2016. ③ On June 20, 2017, the Chuncheon District Court was sentenced to one year of a suspended sentence of six months of imprisonment for a crime of embezzlement and became final and conclusive on June 28, 2017 ( ② the crime of the previous conviction, ③ the crime of the previous conviction, which was committed before the final and conclusive judgment of paragraph (1) becomes final and conclusive).

1. Fraud against the victim B;

A. On September 2, 2008, the Defendant, in the “A” office operated by the Defendant in Yangju-si Co., Ltd., the Defendant paid monthly interest of KRW 2.5% (2.5%) to the Defendant, who borrowed KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,00

“A false statement” was made.

However, in fact, D factories established in Hongcheon were installed with only two heavy machinery and did not actually produce products, and D operated by the Defendant did not sell actual goods to Chinese customers even after they were made up only with Chinese business partners' understanding, and D prepared a monopoly sales contract on March 31, 2008, but E had already not been supplied to E after the completion of auction and no goods were supplied to E.

Even if money is borrowed from the injured party, there was no intention or ability to pay the principal and interest properly.

The Defendant received KRW 100,00 from the injured party on the same day a check as a loan.

B. On December 11, 2008, the Defendant: (a) around December 11, 2008, at G office located in Seoul Jung-gu, Seoul, the Defendant extended 2.5% interest to the victim for an additional loan of KRW 6,000.

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