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(영문) 대구지방법원 포항지원 2018.10.24 2018고단556
사기
Text

The defendant shall be punished by a fine of KRW 1,00,000 for each fraud described in the attached Table 1 through 10 list of crimes.

Reasons

Punishment of the crime

[criminal records] On June 16, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution as a crime of fraud in the Daegu District Court’s Port Branch branch, and the judgment became final and conclusive on June 24, 2016.

[Criminal facts] On July 2016, the Defendant purchased approximately 2 billion building of “E” in the victim C at a cafeteria of a Hamk-si and a trade name in an irregular restaurant, and sold it to the victim C, and then sold it. The Defendant’s remaining profits end.

It is intended to lend KRW 10 million to the fund needed for the purchase of the building and to complete the work on the face of the building and pay the money.

If the implementation of the day is well known, the principal shall be returned within one week.

“A false representation was made.”

However, at the time of fact, the Defendant only thought that he would receive money from the injured party to repay his personal debt to F, but did not intend to purchase a building or needed to purchase a building. At the time, the Defendant did not intend to repay the money from the injured party, such as the absence of any property collected without any income, even if he borrowed money from the injured party.

Nevertheless, on July 28, 2016, the defendant deceivings the victim as above and transferred KRW 10,000,000 to the Saemaul Treasury account (G) in the name of the defendant around July 28, 2016.

In addition, the Defendant, from April 15, 2016 to July 29, 2016, by deceiving the victim on a total of 13 occasions, as indicated in the list of offenses, and then, the Defendant received property or acquired property benefits equivalent to KRW 12,706,000 from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (to attach details of transactions of passbooks that are complainants);

1. Previous convictions: Inquiry into criminal history, application of investigation reports (the judgment that the person who is subject to punishment for fraud and attachment of summary order) Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. The list of offenses, annexed to the selection of punishment, No. 1 to 1.

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