logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2015.02.05 2014고단1491
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

May 2013

Reasons

Punishment of the crime

On February 2, 2013, the Defendant became aware of the Victim F who operates the “E” company that supplies office fixtures to companies, etc. through D on February 2, 2013. The Defendant introduced himself/herself as a financial member of the G Political Party Arbitration Committee, and proposed the victim to help him/her supply office fixtures to conglomerates by using the two friendly ties with his/her members of the G Political Party Arbitration Committee.

On July 4, 2013, the Defendant called the victim on the phone on July 4, 2013 and would make a full repayment after one month from the lending of KRW 50 million.The Defendant made a false statement to the effect.

However, in fact, the Defendant did not have fixed income at the time, and there was no property under the name of the Defendant, and there was no personal debt amounting to KRW 40 million, and thus there was no intention or ability to repay the money borrowed from the victim even if he received the money from the victim.

As such, the Defendant, by deceiving the victim, was transferred from the victim to one bank account under the name of the Defendant’s wife to KRW 35 million on July 5, 2013, and KRW 50 million on July 17, 2013, and KRW 50 million on a total of KRW 15 million on July 17, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on deposit details;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The portion not guilty under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1)

1. On March 2013, the Defendant: (a) received and operated a laundry of an I hotel to the victim F in the instant coffee shop located in Seocho-gu Seoul, Seocho-gu, Seoul; (b) made profits each month; (c) it would allow the victim to take over and operate the laund of the I hotel; and (d) it would allow the victim to take over and operate the laundry facility as the acquisition fund.

arrow