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(영문) 창원지방법원 통영지원 2013.06.26 2013고정75
사기등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. Around November 201, the Defendant received a request from the victim C to receive the credit payment from the customer at the D office operated by the victim C in Tong Young-si.

Around January 7, 2012, the Defendant embezzled 6 million won of credit payment of 8.8 million won, which was transferred to the Defendant’s agricultural bank account, and embezzled for personal purposes, while he/she used it for personal purposes. On February 4, 2012, he/she was transferred one million won of credit payment in F to the Defendant’s agricultural bank account and embezzled it for personal purposes, such as lending it to the Defendant’s agricultural bank account.

2. Fraud;

A. At around 11:00 on December 20, 201, the Defendant made a false statement to the victim of the foregoing D office stating that “I will use it only if I lend five million won to the owner of the house to increase the security deposit to the owner of the house, and I will pay it.”

However, even if the defendant borrowed money, he did not have the intention or ability to repay the money.

Around December 23 of the same year, the Defendant, by deceiving the victim, received KRW 5 million from the Defendant’s agricultural bank account from the victim and acquired it by deception.

B. In addition, around April 14:00 on April 20, 2012, the Defendant made a false statement to the victim stating that “If only three million won is lent, the Defendant would have to repay the same as KRW 5 million borrowed prior to the use of one week.”

However, even if the defendant borrowed money, he did not have the intention or ability to repay the money.

As such, the Defendant, by deceiving the victim, received three million won from the victim to the agricultural bank account of the defendant in the same place, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. C’s statement;

1. A copy of statement of accounts receivable and a statement of accounts transaction;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347(1) of the Criminal Act, Articles 355(1) and 355(1) of the Criminal Act, the choice of each fine for criminal facts, and the choice of each fine.

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