logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.02.15 2018고정760
사기
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who has operated a restaurant in the name of “C” on the first floor of the mountain, mountain, and mountain.

1. On May 15, 2017, the Defendant made a false statement to the victim D, stating that “The Defendant would receive a dysium in the C cafeteria and perform funeral services, and would pay the principal within three months and pay interest in KRW 300,000 per month, if the Defendant borrowed KRW 10,000,000 of the opening capital.”

However, at the time, the Defendant did not pay the tax equivalent to KRW 20 million in bad credit, and the Defendant was unable to obtain a loan under the name of the Defendant, and the Defendant borrowed the Plaintiff’s name and received a loan amounting to KRW 20 million from the bank, as well as KRW 20 million, the Defendant was liable for the Plaintiff’s total amount of KRW 15 million and KRW 10 million, and the said lessor was liable for the debt amounting to KRW 20 million in total of monthly taxes and public charges. Accordingly, even if the Plaintiff borrowed money from the victim, the Defendant did not have any intent or ability to repay the loan within the agreed date.

Nevertheless, the Defendant, as seen above, received a false statement from the victim to the F account in the name of the Defendant on the same day, and acquired it by deceiving the amount of KRW 10 million.

2. On May 30, 2017, the Defendant made a false statement to the effect that “Around May 30, 2017, the Defendant would accept the restaurant and engage in funeral services with the said victim’s loaning KRW 10 million to the restaurant acquisition fund of KRW 10 million.”

However, the Defendant did not have any intent or ability to repay the debt within the agreed time limit, even if he borrowed money from the victim as above.

Nevertheless, on June 1, 2017, the Defendant received the money from the victim to the F account in the name of the Defendant and acquired the money from the victim.

Summary of Evidence

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

1. Statement made to D by the police;

1. Loan certificate, lease contract; or

arrow