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(영문) 대구지방법원 2015.02.05 2014고단2990
사기등
Text

The defendant shall be punished by a fine of KRW 7,00,00,00 for the crime No. 2 and 3 of the judgment in eight months of imprisonment with prison labor.

Reasons

Punishment of the crime

[Criminal Power] On April 20, 2010, the Defendant was sentenced to imprisonment for two years and six months for fraud at the Daegu District Court, and the said judgment became final and conclusive on October 19, 2010.

【Criminal Facts】

1. "2014 Highest 2990";

A. On March 30, 2009, the Defendant made a false statement to the victim C on March 30, 2009, stating that “The Defendant would purchase shares when sending the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment.”

However, the defendant did not know that he was D, even if he received money from the victim, he did not make any investment, and he did not have any intent or ability to pay the money even if he received money from the victim.

Nevertheless, the Defendant deceivings the victim as above and received 30 million won from the victim on the same day.

B. On April 28, 2009, the Defendant made a false statement on phone call to the victim C at an unspecified place on April 28, 2009, stating that “The Defendant shall immediately repay the amount of KRW 10 million, as he/she needs to pay the repair cost to the victim C.”

However, at the time, the Defendant did not have any trouble, and was willing to receive money from the victim to use it for the repayment of his personal debt. At the time, the Defendant did not have any intent or ability to repay the debt even if he borrowed money from the victim with the amount of KRW 400 million.

Nevertheless, the defendant deceivings the victim as above, and he was transferred KRW 10 million from the victim on April 28, 2009.

2. "2014 Highest 4195";

A. In the Defendant’s house located in F-1206 of the Daegu Suwon-gu building F-1206 around July 3, 2014, the Defendant was under the victim G (33 years of age) and drinking.

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