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(영문) 대구지방법원 포항지원 2017.07.25 2016고단1017
사기
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 22, 2014, the Defendant stated to the effect that “E office” for the victim’s “E” in the victim’s D operation of the Nam-gu C shop 105, Nam-gu, Seoul Special Metropolitan City on December 22, 2014, the Defendant would pay the victim the principal KRW 3 million per month and interest KRW 1,500,000 per month for ten months.”

However, the Defendant was liable for approximately KRW 70 million around that time, and even if he borrowed KRW 30 million from the injured party, he did not have any intention or ability to repay the amount according to the agreement, even if he borrowed KRW 30 million from the injured party, due to the poor sales of the mobile phone sales store.

Nevertheless, the Defendant was issued 30 million won on the same day from the injured party by false statements as above.

Accordingly, the defendant, by deceiving the victim, received the property from the victim and acquired the property.

On December 15, 2014, the Defendant stated that “The Defendant shall repay 20 million won to the Victim H after three months from the mobile phone sales store with the trade name “G in the operation of the Defendant located in Nam-gu, Nam-gu, Seoul” on December 15, 2014.

However, there was no intention or ability to repay according to an agreement, even if the Defendant borrowed KRW 20 million from the injured party, because the Defendant had a approximately KRW 70 million debt and operated due to the poor sales of the above mobile phone sales store.

Nevertheless, the Defendant was issued KRW 20,000 on the same day from the injured party by false statements as above.

Accordingly, the defendant, by deceiving the victim, received the property from the victim and acquired it by fraud.

“The Defendant, on December 2014, extended KRW 15 million from July 2015 to KRW 100,000,000,000 to KRW 15,000,000,000,000,000,000,000 to 15 months each month, at a port bus terminal located in the south-gu Mapo-dong, Nam-gu, Seoul.

In addition, money will also be added if it is well.

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