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(영문) 수원지방법원 2019.01.17 2018고단3122
사기
Text

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

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 operates a B stock company that operates the waste disposal business.

On May 2016, the Defendant made a false statement to the effect that “A victim D, who is a police officer at the Seocho-gu voice C Group of Chungcheongnam-do, is running a stone plant development project in the Haak-gun of Chungcheongnam-do, and may collect and sell stone and trees at that place. If B, the Defendant would pay the profits each month from August 2016 to 10 million won when investing design expenses, construction expenses, etc.”

However, on June 2014, the Defendant entered into a contract with F, the owner of the above land, and there was no particular progress in the business contents for up to two years thereafter, and the Defendant’s managing company did not generate any profit from around 2015. Around that time, even if the Defendant received money from the victim with bad credit standing, he did not invest a considerable portion of the money in the tinsan development project and did not intend to use it personally, and thus, the Defendant did not have any intent or ability to pay the victim the profit of KRW 10 million each month from August 2016.

As above, the Defendant, by deceiving the victim and deceiving it from the victim to the G bank account under the name of the Defendant, KRW 3 million around May 17, 2016, KRW 3 million around 24th of the same month, KRW 30 million around 26th of the same month, and KRW 30 million around 26th of the same month, respectively.

6. A remittance was received in the aggregate of KRW 4 million around July 1, 200, KRW 5 million around the 16th of the same month, KRW 50 million around the 27th of the same month, and KRW 50 million around the 27th of the same month.

Summary of Evidence

1. Partial statements of each prosecutor's office and police interrogation protocol of the accused;

1. Statement made to D by the police;

1. A complaint filed in D;

1. Each fact certificate of H, I, and F;

1. Each investigation report (report on the confirmation of the details of transactions by reference calls, F phone calls of reference witnesses, reports on the attachment of details of transactions by a suspect's account under the name of the accused, reporting on the details of use of the amount of damage received to the complainant, and reporting accompanying

1. Each account transaction, each contract, each payment note, and

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