logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2015.02.06 2014고정1322
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is an actual operator of an agricultural company E company in Incheon Spole-gun D.

On May 4, 2012, the defendant, at the office of the above company located in the Seo-gu Incheon, Seo-gu, Incheon, lent 30 million won as customs clearance fee to the injured party C to import the domestic agricultural products, and made a false statement that he would pay 2 weeks after customs clearance.

However, the defendant did not have the intent or ability to repay the money as agreed even if he borrowed the money from the victim due to the lack of the value of the agricultural products imported from China and the funds for customs clearance.

Accordingly, the Defendant received 30 million won from the victim through the CT Bank account in the name of G, the spouse of the Defendant on the same day.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement of prosecutorial statement concerning C;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a detailed statement of entry and withdrawal;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 32(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, Etc. (Article 26(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits) (A victim may file an application for a compensation order before the closure of pleadings at the court of first instance or the court of second instance. Since C, an applicant for compensation, filed an application for a compensation order after the closure of pleadings at the court of first instance, the above application for a compensation order is illegal)

arrow