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(영문) 인천지방법원 2016.02.17 2015고단8279
사기
Text

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

Reasons

Punishment of the crime

The defendant is the representative director of the CC who operates a restaurant, etc.

On November 24, 2014, the Defendant called the victim E (n, 48 years of age) at the office of Seoul, Inc., Ltd., the Nam-gu Incheon Metropolitan City D 903, and operated the restaurant mainly in the operation of the internal (state)C.

김포시 F 아파트 신축공사( 총 11동 639 세대 규모) 현장의 현장 소장과 관리과장을 잘 알고 있어서 함 바 운영권을 땄는데, 1억원을 주면 함 바 운영권을 주겠다, 먼저 4천만원을 보내면 내일 함 바 운영권 계약서를 주겠다” 는 취지로 거짓말을 하였다.

However, in fact, the Defendant did not directly know the site manager or the manager of the construction site of Kimpo F apartment site, and did not have finally acquired the right to operate the restaurant at the construction site of the construction site of the above construction site, and since the Defendant was unable to comply with the right to operate the restaurant at the construction site of Kimpo F apartment site, the Defendant planned to use it as the business fund of the Defendant even if he received 40 million won from the injured party, and the Defendant did not have any intent or ability to reduce the right to operate the Kimpo apartment site.

On November 24, 2014, the Defendant was transferred 40 million won to a corporate bank account (G) account in the name of the representative director C.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Each police statement made to E, H and I;

1. A complaint;

1. A criminal investigation report (in the form of a witness J currency), an investigation report (in the form of a State), and a report on transaction of a corporate account C;

1. Application of the detailed statement of separate accounts, each details of financial transactions, certificates of deposit transaction records, and the details of deposits and withdrawals to the Acts and subordinate statutes;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the reason for sentencing of sentence of imprisonment [the scope of recommended sentence] general frauds.

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