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(영문) 서울동부지방법원 2014.05.01 2013고단1808
사기
Text

The defendant shall be innocent.

Reasons

1. The Defendant: (a) while working as an employee of a credit service provider C around December 2010, the Defendant introduced victim D to C to borrow a total of KRW 260 million; and (b) the victim was preferentially transferred KRW 80 million out of the above borrowed money from C around December 28, 2010.

As above, the Defendant knew of the fact that the victim was remitted money from C, thereby deceiving the victim by deceiving the victim. On December 31, 2010, the Defendant took the same attitude as sending the victim’s instructions to the victim by telephoneing the victim to the victim at around 11:00 on December 31, 2010, and made a false statement to the effect that “I pay approximately KRW 83 million to Solomon Savings Bank by sending the money to the victim.”

However, the Defendant had no intention to use the said money as a repayment to C because he thought that it would be appropriated for the repayment of his obligation to the Glomon Savings Bank.

On December 31, 2010, the Defendant had the victim transfer KRW 63,340,000 to the account of the Gyeonggi Solomon Savings Bank designated by the Defendant, and had the victim transfer KRW 20,000,000 to the above account on December 31, 2010, and exempted the Defendant from the Defendant’s obligation equivalent to KRW 83,340,000.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. Determination

A. On December 31, 2010, the Defendant alleged that he had the victim transfer KRW 8,334,00 to the Gyeonggi Solomon Savings Bank (a mutual equity savings bank after the change). However, at the time, the Defendant said that he would pay his debt to the victim, and the victim was aware of this, so there was no deception by the victim.

B. According to the evidence adopted and examined by this court, the following facts and circumstances revealed, and ① the Defendant introduced the victim to raise funds necessary for the distribution of fishery products through leakage or E while he/she served as a bond broker C, and ② the victim was forged.

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