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(영문) 수원지방법원 2014.11.05 2013고단6693
위조사문서행사등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Fraud;

A. On June 22, 2012, the Defendant called the victim C by phoneing the victim C, and falsely stated that “A dump truck truck is leased KRW 27 million to the victim for six (6) years, including civil engineering works, base destruction, and base transport works, with the receipt of orders from spoco Construction D. When lending money, the Defendant would immediately refund the security deposit on July 25, 2012.”

However, the Defendant did not have the intent or ability to work at the scene of civil engineering works by ordering construction works. From April 2012, the Bank transaction was suspended due to bad credit, and the obligation such as security for lease on a deposit basis reaches KRW 235 million, the Defendant was not able to repay the above amount with the security deposit.

As above, the Defendant, by deceiving the victim as above, received money from the victim to the bank account in the name of the Defendant’s wife E, from the victim, and acquired money from the victim, with KRW 17 million around June 14, 2012, and KRW 10 million around June 23, 2012.

B. On July 4, 2012, the Defendant called the victim C by phone, stating that “4 million won is required to pay a balance with the Spanco warden. If the Defendant borrowed money, he/she shall pay a deposit immediately even if he/she borrowed money before deducting the deposit from the deposit.”

However, the Defendant did not have any intent or ability to receive construction or pay money as above.

Around July 4, 2012, the Defendant, by deceiving the victim as above, received 4 million won from the victim to the bank account in the above E’s name and acquired it by defrauded.

C. On July 20, 2012, the Defendant concluded that “Around July 2012, if the Defendant lent KRW 20 million to the victim, he/she would be able to obtain an order from the F to take measures to dispose of soil and sand, to destroy land and transport soil and sand.” As to KRW 20 million, the Defendant issued a tax invoice to a police officer during the period of eight months from F to receive money for the end of ten months.”

However, the Defendant did not have any intent or ability to receive construction or pay money as above.

The defendant deceivings the victim as above.

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