logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2013.08.09 2012고단4887
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Each request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[2012 Highest 4887] On December 29, 2009, the Defendant made a false statement to the effect that “The Defendant would pay 20 million won not later than December 31, 2009, to the victim C (the age of 40) in the NH Securities Office of the United Nations (NH) in Seo-gu, Seo-gu, Daejeon.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

The Defendant, as such, by deceiving the victim, received transfer of KRW 20 million from the victim to the post office account under the name of the Defendant on the same day.

[2013 Highest 144] On November 1, 2009, the Defendant made a false statement to the victim D at the F Middle School located in the Dong-gu Daejeon, Daejeon, that “I will pay 4% interest per month if I will give I pay I money, and will pay I will pay I will pay I and interest if I will talk before two months.”

However, at the time of fact, the Defendant had a total of approximately KRW 4.3 million debt owed to G, H, etc., and the Defendant had no intent or ability to repay the debt according to the promise even if he/she borrowed money from the victim because some of the obligors, while running credit business, are unable to recover money due to bankruptcy.

Nevertheless, the Defendant, as such, by deceiving the victim, received a remittance of KRW 20 million from the victim on November 26, 2009, and received a total of KRW 86 million from around that time to September 16, 2010 from around that time, as shown in the List of Crimes, as well as from around November 26, 2009.

Summary of Evidence

[2012 Highest 4887]

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A complaint, the details of remittance (2013 high-ranking 1444);

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. The filing of a complaint, remittance details, notarial deeds, details of each investigation report, submission of a copy of a standard contract for transaction of credit business, and application for individual rehabilitation.

arrow