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(영문) 인천지방법원 2015.01.15 2014고단2911
사기등
Text

The defendant shall be punished by imprisonment with prison labor for not more than four months and by imprisonment for the remaining crimes, respectively.

Reasons

Punishment of the crime

On October 19, 2012, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Incheon District Court on October 19, 2012, and the above judgment was finalized on October 27, 2012.

Of October 2011, the Defendant shows a written agreement on the transaction of inventory goods with the victim FF office of Gangnam-gu Seoul E-gu Seoul Special Metropolitan City E-U. 206 on the transaction of the E-U.S. E-U. 206, and “A.S. 100,000 won has been prepared, and approximately KRW 100,000 inventory has been secured. The purchaser has also secured to export this paper to China, or the purchaser has also demanded seasonal clothing and demand additional funds. If the Defendant borrowed KRW 160,000,000 from the date of borrowing the loan to a maximum of two months from the date of borrowing the loan, the Defendant would immediately repay the principal and interest of the borrowed money to the sales proceeds, and the principal and interest of the borrowed money will not be repaid until December 20, 2011.”

However, even if the Defendant borrowed the above money, it was intended to use it for the repayment of his obligation, etc., so there was no intention or ability to pay the money to the victim within a fixed period of time.

around October 24, 2011, the Defendant received KRW 160 million from the victim to the G account operated by the Defendant.

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

"2014 Highest 436"

1. On May 17, 201, the defrauded: “Around May 17, 2011, the Defendant: (a) imported and sold clothing, or purchased and sold the clothing that is a carry-over product; and (b) when investing KRW 150,00,000,000 to the victim H, the Defendant would purchase and sell the clothing to the said money and return KRW 220,000,000 to the said money until June 22, 2011.”

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