logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.04.13 2016고단1972
사기
Text

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

Reasons

Punishment of the crime

On September 4, 2014, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Seoul Central District Court, and the judgment was finalized on September 12, 2014. On December 18, 2014, the Seoul Central District Court was sentenced to a suspended sentence of two years on October 27, 2014, and was sentenced to a suspended sentence of two years on December 27, 2014.

The Defendant was the Chairperson of D Co., Ltd., the principal duties of which include consulting, etc. in Gangnam-gu Seoul Metropolitan Government C.

On March 29, 2013, the Defendant is expected to receive victims E from the D office of the Co., Ltd. “A Co., Ltd. D will receive an order to perform the Frighting Services equivalent to KRW 11.7 billion, the G Building cleaning Services amounting to KRW 3 billion, the H University cleaning Services amounting to KRW 9 billion, the I Hospital cleaning Services amounting to KRW 1 billion, the J School cleaning Services amounting to KRW 670 million, the J School cleaning Services amounting to KRW 500 million, and the K Hospital cleaning Services amounting to KRW 500 million.

If a person receives the above project, he/she may be punished by a total of KRW 1 billion within one to two years.

Therefore, the loan of KRW 50 million necessary for the above business was stated to mean that it will be repaid without a mold three months after the loan of KRW 50 million.

However, in fact, the Defendant did not have any authority related to the above cleaning services and did not have any intent or ability to repay money to the damaged party on the date of due date, even if he borrowed money from the damaged party due to no particular property at the time.

The defendant received 50 million won of a check from the injured party and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement by witness E and L;

1. Statement made by the prosecution with respect to E or L;

1. Complaint;

1. A certificate of borrowing and a letter of undertaking;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (any criminal suspect and reference witness L2 and attachment of the judgment), each written judgment and investigation reports (verification of separate judgments) shall be applied by statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes:

arrow