logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.09 2018고단3668
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 2017, the Defendant (hereinafter “Defendant”) in Geumcheon-gu Seoul Metropolitan Government Building D Co., Ltd., the Defendant (hereinafter “Defendant”) and the victim E (hereinafter “victim E”) want to transfer the luminous heat manufacturing plant. If the Defendant borrowed KRW 100 million as the down payment of the factory building, and if it is necessary at any time, he/she borrowed money within a week if he/she lends KRW 100 million as the down payment of the factory building.

The phrase “ makes a false statement.”

However, even if the Defendant borrowed the above money, he thought that it would be used as living expenses or operating funds of B, and the Defendant was managed at the time.

B had already been accumulated and failed to pay wages at the time due to the accumulation of capital stock, and approximately KRW 1 billion was not paid, there was no certain amount of income, and there was no intention or ability to pay the borrowed money due to the absence of particular assets.

On May 2, 2017, the Defendant received 100 million won in cash from the damaged person from the above office as the borrowed money from the damaged person and acquired it by the defrauded.

Summary of Evidence

1. The defendant's partial statement

1. Statement E;

1. Application of Acts and subordinate statutes governing receipt of cash custody;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (agreement, and considering the records of crimes after 2006);

arrow