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(영문) 수원지방법원 성남지원 2016.09.08 2016고단2208
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around March 3, 2008, the Defendant against the victim C made a false statement to the effect that “The bank will pay a higher interest than the Plaintiff if it lends money to the other party to engage in the bond business at any time. The principal will be returned to the Plaintiff at any time.”

However, the fact that the defendant did not have the opportunity to engage in the bond business and was thought to use the defendant's debt repayment and living expenses with the money received from the victim, so there was no intention or ability to return the principal when the victim wishes to do so.

The Defendant, as such, by deceiving the victim, received KRW 4 million from the victim to the agricultural bank account under the name of the Defendant around March 3, 2008, and received the total sum of KRW 63.1 million from the above date to July 20, 2010, as shown in the crime inundation (1) as shown in the attached Table of Crimes (1).

2. Around March 28, 2008, the Defendant, against the victim F, made a false statement to the victim in a restaurant where the trade name near the “E” located in Sungnam-si, Sungnam-si, could not be known.

However, the fact that the defendant did not have the opportunity to engage in the bond business and was thought to use the defendant's debt repayment and living expenses with the money received from the victim, so there was no intention or ability to return the principal when the victim wishes to do so.

The Defendant, as such, by deceiving the victim, received KRW 10 million from the victim to the agricultural bank account under the name of the Defendant, around March 28, 2008, and received a total of KRW 98,750,000 from the above date and time to June 22, 2010, as shown in the attached Table of Crimes (2) from the above date and time to June 22, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Details of each deposit transaction, details of deposits made to each suspect;

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