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(영문) 인천지방법원 2021.02.05 2020고단8441
사기
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who was an employee of the victims.

1. On November 2018, the Defendant, against the victim B, committed assault by the victim in D office located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, on the ground that he/she had borrowed money that he/she had borrowed from lending money that needs to be agreed upon to the victim.

“A false statement was made to the effect that it was “.”

However, unlike the original purpose of borrowing the victim’s loan, the Defendant was intended to use it for gambling online, and even if he/she used it for gambling, due to the nature of gambling, he/she was unable to anticipate the winning rate due to its nature, he/she was unable to be able to repay the said money. At the time, he/she was liable for the amount of KRW 5 million with the financial standing of gambling at the time, and he/she did not have any intent or ability to repay the said money in excess of the amount of the Defendant’s obligation, even though he/she was unable to do so.

The defendant deceivings the victim as above, and is in the same month from the victim.

5. In addition to the remittance of KRW 2.8 million to the Defendant’s name Kakao Bank E account from that time, the Defendant received a total of KRW 30 million from that time to that of the same six times, such as the first set of the annexed Crime List 1, and repaid KRW 1.5 million.

2. On January 27, 2019, the criminal defendant against the victim F made a false statement to the victim that “a card value borrowed money by tending to provide a breath,” by posting a phone to the victim.

However, the defendant, as stated in Paragraph 1, has been used in gambling for a different purpose from that of the loan, and there was no intention or ability to repay it.

As above, the defendant deceivings the victim, and he was transferred one million won to the defendant's bank G account under the name of the defendant on the same day from the victim, and from that time until May 28, 2020.

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