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(영문) 수원지방법원 안양지원 2016.05.13 2015고단2034
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Majority Opinion] On January 29, 2015, the Defendant was sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Jung-gu District Court on January 29, 2015, and the said judgment became final and conclusive on September 24, 201

[Criminal facts] The Defendant is the representative director of Da, Co., Ltd., Ltd., in Yangju-si.

On February 26, 2013, the Defendant concluded a sales contract with the victim E representative director of the victim E company, stating that “D’s target sales amount of 2013 year is at least 10 billion won, and advance payment of KRW 50 million and KRW 100 million would be supplied at once until February 25, 2015,” and concluded a sales contract with the victim as if the aforementioned D was a sound business entity.

However, the above D, on December 2012, had reached a total of 1.2 billion won when a promissory note was purchased and issued on credit from G, which is a business partner, and around January 2013, when there was a large amount of debt on a bank account, there was no intention or ability to deliver recyclables even if it received advance payment and deposit for the collection of recyclables from the damaged party, because the company’s management and financial situation has deteriorated, such as where the business has been so far as to prevent the refund of a promissory note with a large amount of debt on the bank account.

As above, the Defendant: (a) by deceiving the victim; (b) received a promissory note 25 million won for the same day from the victim; (c) KRW 6 million for household checks; and (d) remitted KRW 29 million to a national bank account under the name of D; (b) around March 5, 2013; and (c) received KRW 40 million for the same month.

3. 6. Minority KRW 20 million, and the same month.

3.8. Minority KRW 30 million, and the same month;

3. Around 26.20 million won was remitted to the said account.

Accordingly, the defendant was given property by deceiving the above victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. A complaint;

1.Each investigation report (the previous report and confirmation) shall be made.

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