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(영문) 서울서부지방법원 2018.07.13 2017고단3693
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On January 25, 2017, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Western District Court and two years of suspended execution, and the sentence became final and conclusive on May 5, 2017.

[2] The Defendant is a person who has served as a general president of C Co., Ltd. (hereinafter “C”) established for the purpose of commercial operations.

On January 1, 2016, the Defendant at the office of Yongsan-gu Seoul Metropolitan Government, Yongsan-gu and 5, and the victim E, “as a military person from home, there is an exchange with the former and incumbent head of the Ministry of National Defense as a military person, and even C is an executive officer of the military head of the military, the Defendant can easily prepare a place to introduce insurance products, and the defense industry may also prepare such a place.

F In the course of proceeding C with a part of the welfare projects promoted by a F-affiliated organization, it is possible to attract an insurance explanation meeting to many new institutions related thereto.

Since there is a lack of money to prepare such a job and carry out the project, it will be possible to have an insurance briefing session at a rapid time with a loan of KRW 20 million, and the loan will also be paid within one month.

“A false statement to the effect that “” was received from the injured party on January 27, 2016, KRW 20 million from the bank account in the name of Korea on January 27, 2016.

However, in fact, the defendant did not have the ability or intent to prepare an insurance product presentation form against the military personnel for the victim, and the money received from the victim at the time is considered to be used to pay interest related to C's obligations and personal debts, but did not have the ability or intent to pay the borrowed money within one month.

Accordingly, the defendant deceivings the victim, thereby deceiving 20 million won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Copy of a bankbook and a letter of passbook of the complainant;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (prior convictions and confirmations of suspects);

1. Criminal facts;

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