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(영문) 대구지방법원 김천지원 2018.08.28 2018고단402
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

[criminal records] On January 31, 2013, the Defendant was sentenced to one year of imprisonment for a violation of the Illegal Check Control Act by the Daegu District Court, and the judgment became final and conclusive on February 8, 2013.

[2] On February 29, 2012, the Defendant, at the victim C’s office located in Seogu Daegu-gu, Daegu-gu, Seoul-gu, used the victim’s “interest of construction,” only one month, and received the construction cost.

“.....”

However, from November 2010 to February 2012, D Co., Ltd., which the Defendant operated as a company, operated as a kys, with approximately KRW 700,000,000,000 of the cash check and bill immediately issued (the first default on May 14, 2012, the last default on June 20, 2012), and the settlement of the bill and check with the maturity of the borrowed money from the neighbors, and even if she borrowed money from the damaged, there was no intention or ability to make a change within the time of promise, even if it was promised to use it to prevent the return of the previous issued bill, since it was intended to borrow money from the damaged person, there was no intention or ability to make a change.

Nevertheless, the defendant deceiving the victim and delivered KRW 200,000 to the victim on the same day as the check by the victim, and again, in the office of the above victim during March 2012, the defendant would receive construction payment within several days from the victim's "75,00,000 won" from the victim's office.

The phrase “” and its affiliated members received a total of KRW 75 million from March 19, 2012 to March 22, 2012 from the damage to the account of the Defendant’s name of the Bank (Account Number E).

Accordingly, the defendant was given a total of KRW 275 million by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A certificate of borrowing, account transaction, and account transaction details after 2012;

1. Previous convictions: Application of the results of inquiry, such as criminal history, and the text of the judgment;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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