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(영문) 전주지방법원 2015.06.25 2015고단11
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Around July 2009, the Defendant: (a) was operating the F Company; (b) was introduced the Victim I through G G G M, and (c) was aware that the husband of the victim was seeking work, and was approaching the victim with the knowledge that the husband of the victim was seeking work; and (d) was able to act as if he could have employed the husband of the victim to his company, and had the ability to do so.

In August 2009, the Defendant, at the F Company's office located in the J of the Yaeong-gu Seoul Special Metropolitan City of Yan-si, Jeonju, the Defendant said that “The Defendant would construct and sell the leisure boat on the side of the entrance of the Yaju-gun-gun-gun, and would operate it directly at the same time. If so, there would be many employees. There would be a lot of employees. It is currently being at the completion of civil engineering works by inserting a large amount of money, and if a bank receives a loan, it may receive a loan of KRW 70 million within four months. If the money to be used in the said leisure craft construction is required, the Defendant would receive the above loan within four months.”

However, unlike the victim’s speech, it is unclear whether the Defendant could receive a loan as security for the above construction site, and there was a dispute with the owner of the land due to the failure to pay one billion won of the purchase price of the land in the above construction site, and there was no ability to complete the above construction due to the lack of the construction progress, and even if receiving money from the victim, it was intended to use money for the purpose other than the existing debt repayment or the construction cost in the above construction site. Therefore, there was no intent or ability to repay money

Nevertheless, on September 3, 2009, the Defendant, by deceiving the victim as above, received 150,000,000 won from the post office account in the name of K on September 3, 2009 from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of each prosecutor's protocol of interrogation of the defendant against the defendant.

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