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(영문) 서울남부지방법원 2017.03.02 2016고단5840
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On June 21, 2010, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Southern District Court (Seoul Southern District Court) and was released on December 24, 2010 during the execution of the sentence, and the parole period expired on February 16, 201.

"2016 Highest 5840"

1. The Defendant against the victim C, on August 30, 201, would have the victim C operate the restaurant at the site of the new church construction work site for the new church located in 136-1 Dong Dong, Yangcheon-gu, Seoul.

In addition, it made a false statement to the effect that “the cafeteria is cafeteria and the cafeteria is 7 million won, which will put a cafeteria into a cafeteria.”

However, even if the defendant received money from the injured party, he did not have the intention or ability to have the injured party operate the restaurant, and the money received from the injured party was also used for the personal purpose, not for the operating expenses of the restaurant.

The defendant deceivings the victim as above and was delivered KRW 7 million to the Agricultural Cooperative Account (E) in the name of D on the same day by the victim.

2. On September 1, 201, the Defendant against the victim F is expected to have the victim F contract for the new construction of the new network church at the Chinese restaurant located in Mapo-gu Seoul Metropolitan Government Joint-dong.

A false statement was made to the effect that “The cost of personnel affairs to the chairperson of the church building and the cost of preparing construction shall be changed to KRW 20 million.”

However, even if the defendant received money from the injured party, he was thought not only to have had no intention or ability to get the injured party to contract the new church construction work, but also to use the money received from the injured party for the personal purpose unrelated to the new construction work.

Around September 2, 2011, the Defendant: (a) by deceiving the victim as above; (b) received KRW 10 million from the new bank account (H) in the name of the Defendant G around September 2, 201; and (c) KRW 5 million from the said account around the 3th of the same month.

3. The Defendant who committed fraud against the victim I on July 2012.

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