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(영문) 부산지방법원 동부지원 2017.02.02 2016고단1766
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From December 13, 2011 to July 2014, the Defendant operated an entertainment center with the trade name of “G” on the second floor of the F hotel located in Busanjin-gu, Busan, and with the trade name of “H” on the third floor of the above hotel.

The Defendant, at the main point of the “G” around November 4, 2012, lent KRW 50 million to the victim I for operating funds of the main store, he/she will pay the amount with the main operating income after one month.

“False speech was made to the effect that it was “.”

However, in fact, the above main points at the time of the failure to pay the employee's wages, liquor payments, building rents, etc. from time to time, and there is a situation that is economically difficult for the defendant to do so. Therefore, even if the defendant borrowed money from the victim I, the defendant did not have any intention or ability to pay it.

On November 5, 2012, the Defendant: (a) deceiving the victim; (b) transferred KRW 33,00,000 to a new bank account under the J’s name on November 5, 2012; (c) demanded the victim to pay KRW 17,00,000 to K, the head of the said main operating division; and (d) obtained KRW 270,000,000 from around that time to January 15, 2014, a sum of KRW 60,000,000 from the victim under the name of borrowed money, such as the list of crimes in the attached Table, from around that time.

Summary of Evidence

1. The witness I and K's respective legal statements;

1. Each prosecutor's statement protocol concerning L, M, or N;

1. Each complaint (including attached data);

1. Investigation report (Submission of Materials) (Submission of Materials), investigation report (Submission of Documents on Transfer of the Suspect's Account) (Submission of Documents and Process), investigation report (Attachment of Summary Order related to Retirement Allowance for Employees A with Entertainment Points A), investigation report (Attachment of Copy of Summary Order related to Failure to pay retirement allowance for employees of the suspect A), investigation report (Submission of Materials and Statement of Appointment of Defense Counsel for the Suspect A), investigation report (Submission of Documents and Statement of Appointment of Counsel for the Suspect A), investigation report (Submission of Related Documents including Deposit Settlement to K of 32,104,248 won remaining after the representative of the Furur Building owner), investigation report (Submission of Documents and Statement of Transfer of

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