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(영문) 수원지방법원 성남지원 2017.02.14 2016고단699
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

"2016 Highest 699"

1. On August 16, 2014, the Defendant: (a) around August 16, 2014, at the E office operated by the victim D located in Gwangju-si, Gyeonggi-do; and (b) the victim requested the Defendant to supply the pipes from the point of Namyang-gu, Namyang-gu to the number of guns.

As a result, it is required to make advance payment to F, which is the place of the order production, to deposit into F, and if the advance payment is made, the money will be remitted to F and the goods will be produced and supplied to the point of Namyang-ri.

“A false statement” was made.

However, at the time of the transfer of money from the damaged party, the Defendant did not intend to pay money to F even if he received money from the damaged party.

The Defendant received 18,530,000 won from the damaged party to the Nonghyup Bank account in the name of the victim managed by the Defendant under the name of the same day, and transferred the money to the Nonghyup Bank account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

2. On September 20, 2014, the defrauded Defendant should produce and deliver goods to the victim D at the place indicated in paragraph 1, around September 20, 2014, as “The PVC supply request was made,” to the victim D.

As a result, prior payment should be made to "G", which is the place where the order was made, the amount of prior payment should be changed to the head of the Tong. When prior payment is made, it will be remitted to G and the goods will be produced and supplied to the site.

“A false statement” was made.

However, in fact, the Defendant did not have entered the PVC supply request at the time, and even if receiving money from the injured party, there was no intention to pay the money to G.

The Defendant received 9,00,000 won from the victim's bank account in the name of the victim managed by the Defendant on the same day, and transferred the money to the national bank account in H's name.

Accordingly, the defendant was given property by deceiving the victim.

"2016 Highest 932" 1.

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