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(영문) 광주지방법원 순천지원 2015.11.25 2014고단1498
사기
Text

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

Reasons

Punishment of the crime

1. Although the Defendant operated the wholesale and retail store with the trade name “C” in LAW, the Defendant did not have any intent or ability to complete payment even if he borrowed money from others due to the lack of monthly income due to the lack of funds.

Nevertheless, at around 10:00 on April 29, 201, the Defendant made a false statement to the effect that the Defendant would make a payment without a molding one week if he/she borrowed 5 million won as the money is insufficient to conduct business to the victim in the (State) F Office operated by the Victim E, which is operated by the victim E, from the date of the loan.

The Defendant received two million won from the victim to the post office account in the G name on the same day as the loan money.

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

2. As above, the Defendant did not have any intent or ability to repay the monthly income, and even if she borrowed money from others due to the lack of intent or ability to invest funds in the destroyed business, the Defendant did not have any intent or ability to repay it.

Nevertheless, on June 2012, the Defendant presented the victim's fishery right and share contract in the (BF Office) F office operated by the victim E, which was operated by the Seocho-si, with the intent that "I will pay the principal to the victim within two months if I will lend 49% of his/her own interest, 100 million won with the destroyed business fund, and if I will not pay the money, I will transfer his/her own interest to the victim and pay the interest of three parts per month."

Around the 11th day of the same month, the Defendant received 29.1 million won from the victim to the Suhyup account under the name of the Defendant, and around the 30th day of the same month, a total of 3.92 million won from the Defendant’s H’s H account.

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

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E;

1. A complaint;

1. A copy of the transfer management result, and a written statement;

1.Each investigation report;

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