logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2013.07.18 2013고단479
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On February 10, 2012, the Defendant stated that “Around February 10, 2012, the Defendant borrowed money from the victim’s E-cafeteria operated by the victim D in the Gu-U.S. Si, to the effect that “Around February 10, 2013 high-class 479, the Defendant may obtain 30% profits from the purchase of walk and math, etc., and then make a false statement to the victim.”

However, in fact, the Defendant was only liable for the amount of KRW 100 million without any particular property at the time, and was thought to use the money received from the victim as his/her obligation repayment or gambling fund, and thus, there was no intention or ability to pay the proceeds from the beginning even if he/she received the money from the victim.

Ultimately, the Defendant, by deceiving the victim as above, received 6 million won from the victim to the F’s account, which is the Defendant’s wife on the same day under the pretext of borrowing money from the victim, 4.5 million won to the same account on the 28th day of the same month, 5 million won to the same account on the 28th day of the same month, 5 million won to cash on March 2, 2012, and 10 million won to G account on the 19th day of the same month, and received 25.5 million won in total on four occasions.

2. On March 3, 2012, the Defendant made a false statement that “Around April 6, 2012, the Defendant would make a full repayment of KRW 10 million to the Victim I by the date of borrowing KRW 10 million from the date of the loan. If the Defendant fails to make a payment, he/she would make a payment on behalf of KRW 10 million from the date of the loan to the date of the loan.”

However, in fact, the Defendant was only liable for the amount of KRW 100 million without any particular property at the time, and the said deposit was thought to be used as debt repayment or flight financing, and thus there was no intention or ability to pay the money from the beginning even if the money was received from the victim.

Ultimately, as above, the Defendant deceivings the victim and received 9.4 million won from the victim, namely, the Defendant’s ancillary K’s account, under the pretext of borrowing money.

Summary of Evidence

【Criminal Facts No. 1】

1. Defendant's legal statement;

1. The defendant;

arrow