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(영문) 광주지방법원 2020.06.25 2020고단943
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 27, 2015, the Defendant made a false statement to the victim B stating, “The Defendant need to replace the tegratulation store C with which he/she operates. The Defendant borrowed money at the expense of replacing the tegratian props. It borrowed money at the expense of replacing the tegrat. It will be repaid three months later.”

However, even if the defendant borrowed the above money from the victim, he thought that he would use it as the gambling fund of the Internet gambling site, and there was no intention or ability to repay it.

Around October 27, 2015, the Defendant, by deceiving the victim as above, received five million won from the victim to the corporate bank account in the name of the Defendant from the victim and acquired it by fraud.

2. From February 4, 2014, the Defendant, from around 4, 2014, operated the “E” test company in Gwangju Northern-gu D with the victim F in partnership with the victim.

On April 29, 2014, the Defendant: (a) called “E-on-site payment of the price for construction work” by phone calls to the victim; (b) received KRW 1 million from the victim to the account of a company bank in the name of the Defendant on the same day; and (c) used the operating fund as the business property at the same time; and (d) embezzled it by arbitrarily consuming the total amount of KRW 5,363,00,000,000 from August 25, 2015, which was delivered by the victim 17 times in the same manner as indicated in the “crime List” as indicated in the attached Table, and embezzled it by arbitrarily consuming it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of F in the police suspect examination record (second time) of the accused;

1. Each police statement made to F and B;

1. Credit rating data;

1. Certificate of closure of business and statement of transaction by account;

1. A detailed statement of account transactions under suspect's name;

1. Payment orders:

1. Details of transactions in each passbook;

1. Application of Acts and subordinate statutes to a criminal investigation report (in relation to telephone conversations with a complainant B), investigation report (in relation to telephone conversations with a complainant F and telephone conversation);

1. Criminal facts;

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