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(영문) 인천지방법원 2016.01.21 2014고정4373
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 23, 2008, the Defendant was sentenced to the suspension of the execution of 4 months of imprisonment with prison labor for the crime of violating the Punishment of Tax Evaders Act at the Incheon District Court on January 23, 2008, and the above judgment became final and conclusive on January 31,

On November 7, 2007, the Defendant acquired E in the name of the foreign third village D in the office of the United Nations C Co., Ltd., the Defendant paid the face value of 20 million won on March 12, 2008, at the discount of one promissory note (bill number: F) issued by the said company, and then would resolve the default of payment until now.

“Falsely false.”

However, the fact is that E Co., Ltd. issuing the above promissory note is a company that has no business performance, and the defendant acquired the above company that can issue the promissory note for the purpose of raising funds to solve the problem of the default of the promissory note discounted by the injured party. Therefore, the above promissory note issued in the name of the above company was predicted, and even if the above promissory note is discounted from the injured party due to lack of assets in the name of the defendant, there was no intention or ability

Nevertheless, on November 9, 2007, the Defendant: (a) by deceiving the victim; and (b) by deceiving the victim; (c) obtained money from the said victim to the national bank account in the name of the E Co., Ltd. on November 9, 2007; and (d) obtained money in total of KRW 10 million from the 13.4 million on the 13.4 million of the same month as a discount

Summary of Evidence

1. Partial statement of the defendant;

1. The witness G and part of each legal statement of C;

1. A suspect interrogation protocol for the accused to the prosecution (including telephone conversations part of the C, page 235 of the investigation record), a suspect interrogation protocol for the accused to the prosecution (285 pages of the investigation record);

1. Investigation report (Reporting on ascertaining whether payment of promissory notes is made) (including a copy of a certificate of deposit in a new bank);

1. Results of an order to submit financial transaction information to Busan Bank;

1. Previous Records: one copy and one copy of the case search results (the defendant and his defense counsel shall be the defendant, and the defendant shall be the defendant.

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