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(영문) 대전지방법원 2013.10.16 2013고정1600
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On August 24, 2011, the Defendant made a false statement that “C” restaurant operated by the Defendant in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul. Around September 28, 201, the Defendant was selected as a part of a restaurant operated by the Defendant in the festival, with the victim D’s “from September 28, 201, he/she performed a entertainment festival in the ceiling.” However, the Defendant was selected as a part of a restaurant operated by the festival. However, if the body of the inner mechanism is insufficient to purchase food materials by October 5, 201 if it lends KRW 10,000,000 to a third party.”

However, in fact, the Defendant tried to use the money borrowed from the victim for expenses to recover his/her father from the victim, and the Defendant did not have any special property, and thus, he/she did not have any intent or ability to repay the money even if he/she borrowed money from the victim.

The Defendant received KRW 9.47 million from the victim to the bank account in the name of the Defendant on the same day.

As a result, the defendant deceivings the victim to acquire the above money.

2. On September 8, 2011, the Defendant called the victim D by phone and called the victim D, and “the expenses incurred in finding a person to get a person. The Defendant collected KRW 1.7 million and the Defendant did not have the remainder of KRW 800,000. When lending money, only one week would be used and repaid immediately.

However, in fact, the Defendant did not have any special property, and the Defendant did not properly operate the restaurant and was in arrears, so even if he borrowed money from the victim, there was no intention or ability to repay it.

The Defendant received KRW 800,000 from the victim to the bank account in the name of the Defendant on the same day.

Accordingly, the defendant deceivings the victim and defrauds the above money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Complaint;

1. Copies of bankbooks; and

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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