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(영문) 서울중앙지방법원 2019.08.14 2018고단5402
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

around November 2010, the Defendant stated that “Around the end of 2018 Highest 5402, the Defendant may supply the Victim’s D office in Seocho-gu Seoul Metropolitan Government to the Victim’s (State) D, “Is the Victim’s (E hotel, F hotel, etc.) with raw water and f hotel food at five hotels, such as E hotel and F hotel.”

However, the defendant did not enter into a supply contract with the above hotel, and there was no intention or ability to enter into a supply contract such as life water.

On January 20, 201, the Defendant received 500,000 won in total from the victim’s account in the name of the Defendant to G bank account in the name of the Defendant, as well as from that time until April 15, 2011, from the time when the Defendant received KRW 40,190,000 as indicated in the list of crimes.

The Defendant is the representative of “H” located in Guam (Gam) as a U.S. citizen.

On July 2012, the Defendant: (a) around July 2012, at the Seocho-gu Seoul Metropolitan Government Itel, promoted a project to replace a streetlight of approximately KRW 13 billion with the Government of Guam; and (b) ordered this construction. In order to receive a performance guarantee from Guam Government, the Defendant issued a performance guarantee to the Guarantee Company; (c) the cost is KRW 150,000,000; (d) the cost may proceed equally with the project to replace the above street lamps.

However, the defendant did not have any intention or ability to proceed with a street light replacement project with a victim even if he received money in the name of expenses for issuing a performance guarantee letter, since he did not receive a street light replacement project from the Guam government.

On July 10, 2012, the Defendant, by deceiving the victim as above, received USD 5,220 from the victim to the “L” bank account (M) in the name of K, and obtained USD 121,792 from the “L” bank account (N) in the name of “H” on the 11st day of the same month, and acquired USD 127,012 in total (Korean KRW 14,5940,00) by defrauded.

Summary of Evidence

"2018 Highest 5402"

1. The defendant;

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