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(영문) 수원지방법원 2019.11.21 2019고단5427
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 power] The Defendant was sentenced to the suspension of the execution of six months of imprisonment for a crime of violation of the Road Traffic Act at the Goyang Branch of the Jung-gu District Court on July 19, 2017, and the judgment became final and conclusive on July 27, 2017. On December 21, 2017, the Suwon District Court was sentenced to one year of imprisonment for a crime of fraud, etc. on April 23, 2018, and the judgment became final and conclusive on January 23, 2019, after being sentenced to six months of imprisonment for a crime of fraud at the Suwon District Court on January 23, 2019.

【Criminal Facts】

The defendant is a person who has worked in the C Burial in Yongsan-gu Seoul Metropolitan Government, and the victim D is a person who has worked as a father of the above store.

On October 19, 2016, the Defendant stated that “A person who works for E companies in the Republic of Korea” means that “A person who acquires short-term bonds issued by the Bank of Korea in an amount equivalent to KRW 20 million owned by E companies in the face of KRW 15 million, if he/she acquires short-term bonds issued by the Bank of Korea in the face of KRW 15 million, he/she may have this bonds and may incur profits and return profits from the investment amount as aground.”

However, the Defendant did not have the above bonds, and even if receiving money from the victim, the Defendant tried to use it as a living cost, such as the marriage fund, and did not have the intent or ability to repay the investment money to the victim through the claim investment, etc. as agreed by the victim.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 15 million from the victim’s bank account (Account Number G) in the name of the Defendant on the same day, and received KRW 31 million in total over six times from around that time to February 13, 2017 by means of such method as indicated in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A statement of account transactions in the name of the suspect bank G account;

1. A criminal investigation report (verification of details of account transactions in the name of a suspect who has received damage);

1. Previous records: Criminal records and other inquiries, and the same records as investigation reports;

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