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(영문) 서울북부지방법원 2020.05.14 2019고단5587
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 27, 2019, the Defendant was sentenced to imprisonment with prison labor for eight months at the Suwon District Court for fraud, and the said judgment became final and conclusive on October 18, 2019.

The defendant is a person who actually operates C, a sales agency, in Guro-gu Seoul Metropolitan Government.

1. On December 2018, the Defendant made a false statement to the victim D that “A Co., Ltd. was in charge of the sales of G apartment in G apartment,” in the “G apartment sales promotion office” located in the Gwanak-gu, Seoul Special Metropolitan City E and the second floor (F), “A Co., Ltd. would pay KRW 50 million according to the sales rate until the end of February 2019, if the expenses are insufficient to lend KRW 30 million.”

However, in fact, the defendant did not need expenses in relation to the sale of G apartment, and he thought that he would use the funds from the victim for the operation expenses, living expenses, and other personal purposes, so he did not have any intention or ability to further pay the proceeds until the date of the promise.

On December 28, 2018, the Defendant: (a) by deceiving the victim as above; (b) received KRW 20 million from the corporate bank account (H) in the name of C Co., Ltd. around December 15:38, 2018; and (c) received KRW 10 million in total from the corporate bank account (J) in the name of C Co., Ltd. on January 16, 2019; and (d) received KRW 30 million from the Defendant’s wife around January 17:21, 2019.

2. On January 2019, the criminal defendant against the victim K loaned the expenses related to the sales business to the victim K without intent or ability to repay the expenses in the same manner as the preceding paragraph at the place specified in the preceding paragraph.

The Defendant, as above, by deceiving the victim, received KRW 30 million from the account in the name of a company bank in the name of the said company C on January 8, 2019, under the pretext of borrowing money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. A complaint filed by K Preparation;

1. Investigation Report (Arrangement of Use of Loan Funds) 1.

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