logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.01.27 2013고단2445
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 30, 2012, the Defendant, at the office located in Yongsan-gu Seoul, Yongsan-gu Seoul Metropolitan Government, said that “The Defendant would make payment without a framework by the end of the following month for the supply of telecommunications materials to E and F construction.”

However, in fact, the Defendant was taking into account the application for individual rehabilitation due to the failure to pay the price of goods, and was running a business by lending money from those who have not been paid the price of goods, and even if receiving the price of construction, the Defendant was obliged to pay other debts, so there was no intention or ability to pay the price of the goods even if receiving the telecommunications materials from the victim.

As such, the Defendant, by deceiving the victim, was supplied by the victim with a total sum of KRW 38,957,512 from November 30, 2012 to February 16, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to the details of transactions, each statement of details, each content certification, each statement of payment, each statement of payment, each statement of performance, statement of transaction, text message, and text message;

1. In light of the relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, and Article 347(1) of the Criminal Act, the crime of deceiving a victim who first trades as if he/she knew of the fact that the defendant had no means to settle the material price, and the nature of the crime of deceiving him/her from being supplied with the material is not good, and the cost of the material supplied is not entirely settled even though it is reasonable, and the victim wants to punish the defendant, the sentence of

In addition, the fact that the defendant actually performed the above construction work that the victim stated, and that there is no record of punishment except that the defendant has been punished once a fine, etc. shall be determined by taking into account all the circumstances such as the defendant's age, character and conduct, environment, motive and background of the crime, means and result of the crime, and circumstances after the crime.

arrow