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(영문) 부산지방법원동부지원 2020.10.22 2020고단997
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

The Defendant, around June 15, 2019, at the D Administrative Support Office working for Victim C in Seo-gu, Busan around that time, stated, “In Korea, I want to lend money to Kwikset service engineers in daily days, and news articles are allowed to collect from the company, as security deposit is paid to the company. If I lend money to Kwikset service engineers, I will pay 1% interest per month as well as by August 15, 2019.”

However, in fact, the Defendant was thought to use personal debt, unregistered credit business operation and living costs by lending money from the above victim, and the Defendant did not have any intent or ability to use the borrowed money for lending the Kwikset service articles whose collection is guaranteed with deposit, or for the terms of the contract.

Nevertheless, the Defendant, as above, made a false statement to the above victim and received KRW 10 million from the above victim’s E-association account on June 15, 2019, and in the same manner, reduced the use of personal debt repayment, unregistered credit business operation and living expenses, and received KRW 39,40 million in total five times from June 15, 2019 to July 11, 2019, as indicated in [Attachment Table 1, 4, and 7], and received KRW 26 million in total from June 20, 2019 to July 11, 2019 from the victim F, as indicated in [Attachment Table 2, 3, 5, and 6] 2,600,000 won in total from June 20, 201 to July 1, 2019 to the Defendant or Defendant’s account in the name of each of the Defendant.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. C/F’s statement investigation report (verification of deposit details by complainants), investigation report (Analysis of transaction details after the time of transfer of money by complainants), each account transaction report (suspect’s account analysis), each borrowed instrument, and each performance undertaking, respectively.

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