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(영문) 청주지방법원 충주지원 2015.05.15 2014고단512
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who runs a sales business of chemical distribution from the wife population C to D with the trade name.

On January 10, 2010, the Defendant told the victim E of the opening elementary school located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, that “If the Defendant lends money to the Plaintiff, the principal would be repaid in full three months after the lapse of three months.”

However, at the time of borrowing, the Defendant had a debt equivalent to KRW 2.5 million without any property, and around that time, there was a good competition company around that time, and even if the competitor imports and sells coins from the loan, the premium rate was not more than 10%, and the inventory rate was not less than 40%, and at least 16.2 million won per month was paid with the company’s operating funds, such as personnel expenses, office rents, public charges, etc., and as a result, there was an intention to use part of the money received from the victim as the daily living expenses, credit payments, and other corporate operating funds, and there was no intention or ability to lend money to the victim with the proceeds from sale.

Nevertheless, the Defendant, by deceiving the victim as above, received 50 million won from the victim to the corporate bank account (F) under the name of the Defendant on January 22, 2010, and transferred 50 million won to the same account on January 27, 201, and received remittance of 50 million won to the same account on January 27, 201.

3. 8. The same year from around August 3.

4. up to June 4, 200,000 won was remitted to the NongHyup Bank (H) account in G, which was a D employee, for four times.

As a result, the Defendant, by deceiving the victim, received a total of KRW 180 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused (including the record of E statements and accompanying documents);

1. Each police statement to G and E;

1. Head of passbook, notarial deed, taxation certificate by tax item, credit information inquiry statement, import declaration completion certificate, and import declaration certificate;

1. Each investigation report (including accompanying documents) legislation shall apply 1.

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