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(영문) 부산지방법원 동부지원 2019.01.30 2017고단1062
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal power] On October 21, 201, the Defendant was sentenced to one year in the Dong branch of the Busan District Court for fraud; on July 13, 2012, three months in prison for the same crime in Busan District Court; and on November 28, 2012, the execution of each of the above punishment was terminated at the Busan District Court.

【Criminal Facts】

"2017 Highest 1062"

1. Around November 2013, the Defendant committed the crime against the victim B: (a) made a false statement to the victim B that “In-house name is C, and is a D director who is an entertainment planner located in Seoul. When the inside of the Republic of Korea is landed to Busan, 4 million won shall be paid every month if the inside of the Republic of Korea is a peti, such as a peti,” and (b) proposed the victim’s prompt name.

On December 2, 2013, the Defendant made a false statement to the victim E, “The money to be paid top is expected to be paid with the funds of D company working in Korea, and it is necessary to prove that D was working in D company. Since D has to deposit the investment money in the above company, it is proved that D is required to do so, so if L is transferred to the account known to D, the amount will also be paid when L is transferred to 3 million won in advance. Moreover, since the use of the company’s credit card in Busan is discovered to be free of duty, the Defendant would make a false statement that D credit card payment will be made within D credit card payment.”

However, the defendant did not have served as a director at the entertainment planning company, and even if he received money from the victim or uses the credit card of the victim due to the lack of property at the time, he did not have any intention or ability to pay the cost of every month.

As above, the Defendant, by deceiving the victim, received three million won from the victim, to the account in the F’s name on December 6, 2013, and around December 13, 2013, by obtaining and using the credit card in the victim’s name, etc. from December 1, 2013 to May 15, 2014, including the receipt and use of the credit card in the victim’s name. 23,903,396 won in total as indicated in the separate crime list (1) and (2).

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