logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.07.11 2015고단3849
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal record] On August 13, 2014, the Defendant was sentenced to the suspension of the execution of two years on August 29, 2014 on the charge of the crime of the Punishment of Tax Evaders at the Suwon Friwon, and the judgment became final and conclusive on November 29, 2014.

[2] On December 28, 2010, the Defendant made a false statement to the victim G (hereinafter “Defendant”) at the Defendant’s office “E” and “F” office operated by the Defendant at Sinsisisisisisisi (hereinafter “F”) that “The Defendant would supply the Defendant with scrap metal of 70-80 tons per month at the Company’s place to run the company at home.”

However, at the time, the above companies operated by the Defendant had little sales, and the Defendant did not receive an advance payment from another person on the condition that the Defendant supplied the scrap metal at the same time as the bad credit was bad, and thus there was no intention or ability to supply the scrap metal as agreed upon by the victim even if the Defendant received an advance payment from the injured person.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 5 million from the victim to the Agricultural Cooperative account under the name of the Defendant, under the pretext of advance payment for the supply of scrap metal on the same day, and received KRW 15 million on January 13, 201, including KRW 17,000,000 on January 17, 201; KRW 1,500,000 on February 5, 201; and KRW 1,000,000 on February 11, 201 from the victim, on five occasions in total, under the pretext of advance payment, from the victim, such as receiving KRW 45 million from the Agricultural Cooperative account under the name of the said H, respectively.

Accordingly, the defendant was given property to the victim by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. A complaint;

1. Statement of separate accounts;

1. Copies of each business registration certificate;

1. The written contract for the trading of scrap metal;

1. The loan certificate;

1. Notice of acceptance of claims collection, peremptory notice of repayment, etc.;

1. Account transactions;

1. A detailed statement of entry and withdrawal transactions;

1. Investigation report (investigation of an amount of damage);

1. Previous convictions: inquiries about criminal history, investigation reports (abstinence of judgments and written opinions), each judgment, and each judgment;

arrow