logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2013.05.09 2012고단3968
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant against the victim B is the representative director of C Co., Ltd. (hereinafter “C”).

On September 28, 2010, the Defendant stated that “The Defendant would make advance payments of KRW 200,000,000 and pay KRW 27,000,000,000 for the remaining construction cost within 10 days after completion of the construction work” to the victim B at the office of Gwangju Mine-gu, Gwangju.

However, there was no intention or ability to pay the cost of construction to the victim.

On November 2010, the Defendant did not pay the remainder of the construction cost of KRW 27 million, even though the Defendant had the victim complete the construction of the sled fish sled sled sled sled sled sled sled sled sled sedled sed sed

2. Around April 8, 2011, the Defendant against the victim E made a false statement to the victim E at the above C office, stating, “The Defendant would return to cash within the payment date on the face of a week by delivering a promissory note in the amount equivalent to KRW 40 million as it is required to pay the material cost to the victim E.”

However, even if a promissory note is delivered by the victim, there is no intention or ability to pay within the due date.

The Defendant, upon receipt of a promissory note from the victim, “FF English trade association G, the issue date of April 8, 201, and July 20, 201, the due date of the payment date, and the face value of KRW 40 million,” was used by the victim, but did not pay the victim KRW 40 million within the due date, thereby obtaining pecuniary benefits equivalent to the said amount by allowing the victim to pay the said note on behalf of the victim.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Each police statement concerning E and B;

1. Application of the Acts and subordinate statutes to promissory notes, respective borrowing certificates, and respective payment for construction cost;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

arrow