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(영문) 수원지방법원 2019.07.26 2018고단3963
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On January 20, 2017, the Defendant was sentenced to a suspended sentence of ten months for criminal fraud at the Suwon District Court, and the judgment became final and conclusive on December 5, 2018.

【Criminal Facts】

On December 28, 2017, the Defendant, at the E office where D, a branch of the victim C (year 35) in Gangnam-gu Seoul, was working for the victim C (year 35) in Gangnam-gu, the Defendant made a false statement to the effect that “the representative director of the FF corporation of the agricultural company in Korea is scheduled to be introduced from Germany to G through H and I bank, and the said foreign currency inducement will be distributed from G when it was sexually discovered, and there is insufficient fees. If the Defendant borrowed money to use it as a fee, the Defendant would pay the principal amount of KRW 25 million and KRW 75 million by January 10, 2018.”

However, since the defendant did not have received the request from G for the introduction of foreign currency, even if he received the fee from the victim, he did not have the intent or ability to pay the principal and the profit by the deadline.

As above, the Defendant, by deceiving the victim as above, acquired 25 million won by transfer from the K Association account (L) in the name of the Defendant in the name of J, which is the Defendant’s child on the same day from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness M and N;

1. Statement made by C by a witness in the third protocol of trial;

1. Partial statements made by witnesses in the fourth protocol of the trial;

1. Examination protocol of the accused by prosecution;

1. Investment contract, a copy of a bankbook and details of account transfer, and the details of conversation on a screen and details of account transactions;

1. Previous records: Criminal records, results of confirmation of the previous records of dispositions and dispositions, and investigation reports (Attachment A, etc. of identical records of a suspect A) (Judgment on the assertion of the defendant and his/her defense counsel);

1. The summary of the assertion concluded an investment agreement on November 18, 2016 with P and Q and R development projects by the Defendant, whose representative director is the F Co., Ltd. (hereinafter “F”), and the Defendant’s investment agreement was made with Q and Q and Q, and the Defendant’s investment in Q and Q and Q, as well as the Defendant’s investment in the vicinity of the Gangnam-gun S

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