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(영문) 수원지방법원 안산지원 2013.04.12 2013고단409
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On December 2, 2010, the Defendant was sentenced by the Suwon District Court to a suspended sentence of ten months for a crime of fraud, and the above judgment was finalized on the 10th of the same month on the 10th of the same month. On September 7, 2012, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for 10 months in Suwon District Court's Ansan Branch for a crime of fraud, and the above judgment became final and conclusive on

From May 13, 2007, the Defendant organized a fraternity of KRW 30 million from around 13, 2007, KRW 1.5 million, and KRW 21,000 from around 21,00,000 in the old account, and paid a fraternity to KRW 9,000 in the personal debt of KRW 1750,000 per month, and even if he received a fraternity from the members of the above number fraternity or borrowed money from another person, the Defendant did not have any intent or ability to pay the fraternity even if he paid the fraternity normally to the members of the above number fraternity operated by the Defendant, or borrowed money from another person.

1. Nevertheless, the Defendant, at the Pyeongtaek-si restaurant around September 13, 2007, speaked as if he had been operated normally even if the above numbers of the 15 numbers of the above numbers of the victim C were set up and operated normally, and he obtained a total of KRW 21 million (1.5 million x 14) from the victim from September 13, 2007 to October 13, 2008 on a 14 occasions, and acquired them by fraud.

2. Around May 14, 2007, the Defendant: (a) made a false statement to the victim’s house located in Pyeongtaek-si DD building No. 302, stating that “Isn if Isn’s loan of KRW 30 million as Isn’s repair cost is urgently needed” to the victim; and (b) obtained a total of KRW 30 million from the victim to the new bank account under the Defendant’s name on September 14, 2007, by means of money borrowed from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C.

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