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(영문) 인천지방법원 2012.09.06 2012고단6602
사기
Text

A defendant shall be punished by imprisonment for four months.

The defendant pays 20,000,000 won to an applicant for compensation.

The above compensation order shall be.

Reasons

Punishment of the crime

On February 2, 2011, the Defendant found in the office of victim C Co., Ltd. located in Nam-gu Incheon Metropolitan City, and secured business rights to produce and distribute promotional materials such as issuance of multi-child discount cards and subscription to Internet fees connected with the Gyeonggi-do Office and Incheon viewing, a local government, as part of the policy on the encouragement of childbirth of the Women’s Welfare Department, which is a government agency, as part of the policy on the encouragement of childbirth, and made a proposal to “from 5,000 to 30,000 won for each case, which is a result of a business organization’s death in order to allow the business to be conducted by the C Co., Ltd., which is located in the business organization.” From the office of the victim on April 3, 2011, the Defendant paid the above E “30 million won with the cost of producing promotion materials,” from the office of the victim to the end of June 30, 2011, by the end of July 30, 2011.”

However, the defendant, without any special revenue at the time, has reached a total of KRW 30 million, and was unable to pay monthly salary to employees of the F Co., Ltd. that operated by the defendant, and even if he received money from the victim because he did not have obtained a business right to produce and distribute promotional materials about the issuance of a multi-child discount card and the discount of Internet fees from the Gyeonggi-do Office or the Incheon Viewers, he thought that he would use it as remuneration or operating expenses for the employees who engaged in the business.

Around April 22, 2011, the Defendant, by deceiving the victim as such, received KRW 20 million from the victim to the corporate bank account in the name of F Co., Ltd. operated by the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. The defendant borrowed an application for advance payment, a certificate of confirmation, a written estimate, and a multi-child business proposal from the staff E and representative H to lend KRW 30 million at the company’s operating expenses, and promotional materials such as the issuance of multi-child cards.

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