logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.09.03 2015고단1179
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Since around 1997, the Defendant has operated “D” to manufacture and sell LE lighting fixtures, etc., and around 2004, the Defendant established and operated “D” to carry out lighting fixtures business.

On March 3, 2008, the Defendant made a false statement to the effect that “H” office located in Young-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, which was operated by the Victim F, is operating with local people, and the Defendant borrowed KRW 300 million as the funds need to be paid. If the Defendant borrowed real estate as collateral, the interest shall be paid monthly, and the principal shall be repaid within five years.”

However, in fact, the Defendant was bearing 45 million won as personal debt at the time, and the (ju) E, which the Defendant operated, has accumulated about 638 million won as debt, while the Defendant did not pay the employee's benefits and corporate tax due to the lack of any particular profits, there was no intention or ability to pay the principal and interest even if he borrowed money from the victim due to a very difficult financial situation.

Around March 10, 2008, the Defendant, by deceiving the victim, received from the victim the remittance of the sum of KRW 100 million to the financial account under the name of the Defendant, and KRW 197.7 million to the financial account under the name of the Defendant’s wife, and KRW 297.7 million to the financial account under the name of the Defendant’s wife.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F and J;

1. The prosecutor's statement concerning the F;

1. Each police statement made to K and F;

1. A certificate and a written statement;

1. A complaint and a complaint;

1. Account transaction details, each export performance certificate, receipts, written judgment, details of financial transactions, and the standard balance sheet of the Bank of Korea;

1. Determination as to the assertion by the defendant and his/her defense counsel in the investigation report [verification of excessive debts of the Si/Gun/Gu office of the Incheon District Prosecutors' Office], the decision and reason for non-prosecution in the form of Form No. 72704, and the summary order

1. The Defendant and his defense counsel’s assertion are for the purpose of the LED Twitning project in Bangladesh.

arrow