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(영문) 인천지방법원 부천지원 2013.08.08 2013고단999
사기
Text

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

[criminal power] On December 14, 2012, the Defendant was sentenced to a suspended sentence of 4 months of imprisonment for fraud in the Incheon District Court Branch Branch of the Incheon District Court on December 14, 201, and the judgment became final and conclusive on June 1, 2013.

【Criminal Facts】

1. On May 28, 2012, the Defendant made a false statement to the victim C of the instant coffee shop in Jung-gu Seoul, Jung-gu, Seoul, stating that “I would pay the credit card price after the use of the credit card, because there is no internal credit card,” to the victim C.

However, the defendant did not have any intention or ability to pay the card price even if he borrowed a credit card from the victim because he was liable for a total amount of 30 million won or more without specifying the income.

As above, the Defendant, by deceiving the victim, received one copy of the Samsung Card in the name of the victim from the victim, and did not pay a total of KRW 6,479,030 from May 28, 2012 to August 1, 2012, thereby acquiring property benefits equivalent to the same amount by failing to pay the card.

2. On May 29, 2012, the Defendant called the Defendant’s home located in Seocheon-si, Seocheon-si, that “Around May 29, 2012, it is difficult to make a living by making a lot of money from the Defendant’s home to enter into a marriage with the Defendant. If the Defendant borrowed living expenses, he/she would have to complete the work at the business place.”

However, in fact, the defendant did not have any intention or ability to repay it even if he/she borrowed money from the victim because he/she has a total amount of 30 million won or more without specifying the income.

As above, the Defendant, by deceiving the victim as above, received KRW 1 million from the victim to the bank account in the name of Korea (E) in the name of the victim, and received a total of KRW 16.7 million on five occasions as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement of the police interrogation protocol against the defendant

1. Statement to C by the police;

1. Complaint;

1. Details of the Defendant’s account, Defendant’s penbook, and Defendant’s penbook.

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