logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2019.05.22 2018고단2535
사기
Text

A defendant shall be punished by imprisonment for one year.

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 is a person who was engaged in fisheries from November 2015 to December 2017 under the trade name of "C," which is called "C with the victim B."

On November 2016, the Defendant made a false statement to the effect that “The Defendant has a debt incurred while engaging in fisheries, which is almost all now repaid, and the remainder of the Defendant’s debt may be repaid in spring in 2017, as net income of KRW 10 million per month accrues. It is still difficult to secure the volume of the new transaction party created at the present moment. The Defendant borrowed money at any time within two to three months from the time of request for payment.”

However, at the time of fact, the Defendant was equivalent to KRW 60 million in the amount of debts incurred in purchasing fishery products on credit from the relocating trading company in bad credit, and the amount of delinquent taxes was equivalent to KRW 100 million, and the Defendant used the money for the so-called “competing” in which the Defendant repaid the existing debt even if he borrowed the money from the victim because the financial situation, such as only the deficit occurred while operating the fishery products company, was not good. Therefore, the Defendant did not have any intent or ability to repay the money to

Nevertheless, on November 8, 2016, the Defendant, by deceiving the victim as above, received KRW 14 million from the E bank account (F) in the name of the Defendant, as the borrowed money from the victim, from around November 8, 2016, from the time to October 17, 2017, including the transfer of KRW 221,00,000,000, in total, from around 15 times in the same manner as the written list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Grade B of the interrogation protocol of the second prosecutor's office against the accused;

1. The prosecutor's office and the police's statement concerning B;

1. Details of transactions in each account;

1. Letter of payment;

1. Business registration certificate and business registration certificate;

1. Credit information inquiry;

1. Data related to each transaction and the Acts and subordinate statutes of the foreign currency deposit inquiry table;

arrow