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(영문) 대전지방법원 2014.12.19 2014고단3114
사기
Text

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

Reasons

Punishment of the crime

[2014 Highest 3114] On July 2, 2014, the Defendant made a false statement to the effect that “The Defendant sells sports goods with the trade name of F” to the victim in E-cafeteria operated by the victim D, which is located in Daejeon Sung-gu, Daejeon, and it is necessary to purchase sports goods. It is necessary that KRW 600,000 should be paid by the Customer with the price for the delivery of uniforms after one week.”

However, even if the defendant borrowed the above money from the victim, he did not intend to pay the above money as the purchase price for sports goods, and used the above money to pay interest to G as other creditors of the defendant. The defendant did not have any revenue at the time, and even if he borrowed the money from the victim due to excessive debts, he did not have any intention or ability to pay it.

The defendant received 6 million won from the victim to the credit union account (Account Number H) in the name of the defendant under the name of the defendant for the purpose of borrowing money.

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

[2014 Highest 3160] On February 2, 2014, the Defendant concluded that “F” under the F’s management “F” of the Defendant, which is located in Daejeon Seodong-gu I, would be paid immediately after one week if the Defendant borrowed money to the victim G.

However, the Defendant did not have any specific property under his/her own name at the time and did not have any intent or ability to repay the borrowed money until the date on which he/she promised to borrow the borrowed money from the victim because he/she was willing to use the borrowed money to repay interest on the above obligation.

On March 1, 2014, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the deposit account in the old credit union under the name of the Defendant on March 1, 2014, and received or delivered the total amount of KRW 87 million from that time to June 15, 2014, as shown in the attached Table of Crimes.

[2014 Highest 3608] Defendant on October 13, 2013

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