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(영문) 의정부지방법원 고양지원 2013.05.30 2012고단1720
사기
Text

A defendant shall be punished by imprisonment for one year.

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

1. On February 2, 2011, the Defendant made a false statement to the victim that “If 100 million won is lent to the victim, 100 million won would have been repaid after one year, while running the self-learning learning center business, the Defendant would pay 2-5 interest per month.”

On February 21, 2011, the victim transferred 100 million won to the bank account (F) in the name of the defendant.

However, the fact is that the E's business operated by the defendant at the time was insufficient to become a member due to the lack of management ability, and there was no intention or ability to repay it within the due date even if the employee borrows 100 million won from the victim in the delayed state of monthly salary.

As above, the Defendant received KRW 210 million in total as shown in the attached Form (attached Form 1 and the victim D), including the fact that 100 million won has been received from the victim as the borrowed money.

Accordingly, the defendant deceivings the victim and 210 million won in total from the victim.

2. Around December 28, 2011, the Defendant’s fraud against the Victim G is a plan to attract new investors to the victim of the said E office as “(State) H and I, a director in the company, and to take over (State) EE by inviting new investors. Along with 100 million won capital investment, the Defendant would return the investment money to H and I and then register it as a general director, and distribute 50% of the profits excluding the project cost to H and I. Moreover, if the company expenses disbursed for the project cost are paid on behalf of the victim, the Defendant would settle the company expenses at the time of distribution of the profits.”

The victim transferred three million won to the bank account in the name of the defendant on the same day.

However, the fact that the E's business operated by the defendant at the time is insufficient to become a member due to the lack of management ability, and the above money is remitted from the victim, such as the delayed payment of the employee's monthly salary.

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