logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.08.14 2013고단5754
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

In fact, around January 2010, the Defendant had a debt of 200 million won, such as lending 50 million won to bonds, and it is difficult for the Defendant to pay 2.5 million won per month to the bond interest interest holders, and there was no intention or ability to pay the fraternitys at the time even if the Defendant received the fraternitys after opening the serial system operated by the victim C.

1. Around January 20, 2010, the Defendant joined the 10 million foot number system, i.e., the Defendant joined the victim as a fraternity and paid the face value to the victim as if he/she had the victim paid the face value.

Therefore, it received KRW 10 million from the victim as a guidance deposit around July 20, 2010, and from January 201 to November 201, it received KRW 8080,000 in total as a deposit deposit, and it did not pay KRW 1920,000 in total, and acquired property benefits equivalent to the same amount.

2. Around July 2011, the Defendant: (a) by deceiving the said victim by the said method; (b) joined the 10 million Notarial System; (c) received KRW 10 million from the victim as a guidance; (d) paid KRW 4 million in total under the pretext of the deposit; and (e) obtained pecuniary benefits equivalent to the said amount by failing to pay KRW 590,000,000 in total.

3. Around July 25, 2011, the Defendant: (a) by deceiving the said victim by the foregoing method; (b) taken account of a number of causes of KRW 10 million; (c) received KRW 10 million from the victim as a guidance; and (d) did not pay KRW 34,000 under the pretext of the deposit money; and (e) did not pay KRW 966,000,000; and (c) obtained pecuniary benefits equivalent to the said amount.

Accordingly, the Defendant acquired financial benefits equivalent to KRW 17570,000,000 in total from the victim three times.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the substitute part);

1. Statement to C by the police;

1. A complaint, a statement of accounts, a certificate of borrowing and a letter, respectively;

arrow