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(영문) 부산지방법원 동부지원 2017.02.15 2016고단2557
사기
Text

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

Reasons

Punishment of the crime

On April 9, 2015, the Defendant was sentenced to 6 months of imprisonment or 2 years of suspended execution for fraud at the Busan District Court, and on April 17, 2015, the Defendant had no fixed occupation.

On August 6, 2014, the Defendant issued a Malaysia guarantee at Malaysia to the victim D (50 tax) (50) known in society, at the office located in Busan B, Busan, on August 6, 2014.

When exchanging money with the issuance of a guarantee, 10 billion won leaves a surplus.

To this end, the letter of guarantee was issued with a face-to-face loan of KRW 20 million which is short of the cost of issuing 50 million, and then the loan was received based on this, and the loan was received within a month.

However, at the time of fact, the Defendant was thought to use most of his debt without certain income or any other property for personal purposes even if he borrowed money from the damaged party, and did not meet the qualification requirements for obtaining a payment guarantee from an overseas bank, and even if he was issued a payment guarantee, he did not have any intent or ability to make any change in the form of promise even if he borrowed money from the injured party due to the lack of the ability to receive the payment guarantee.

In addition, the Defendant: (a) by deceiving the victim as above; (b) received KRW 20,00,000 from around August 6, 2014 in the name of issuance of a letter of guarantee; and (c) received KRW 23,302,00 from around that time to January 2, 2015 via five times in total, as indicated in the attached crime list, and acquired it by deceiving the victim through the account under the name of E, the Defendant’s seat.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, D, and G;

1. A copy of each passbook, a letter of confirmation, each letter of intent to purchase, a copy of each passbook, trends in the prices of trank, details of remittance, and a statement of account transfer;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report on the results of confirmation of previous convictions of the disposition);

1. Criminal facts;

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