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(영문) 대전지방법원 2013.12.18 2012고정2089
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 16, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor at the Daejeon District Court for embezzlement, and the said judgment became final and conclusive on March 16, 2012.

On May 14, 2010, the Defendant stated to the effect that “The victim C shall pay back the money immediately after the completion of the property division lawsuit, if he/she has lent the money as no attorney’s fee for the appointment of the former wife and the spouse’s property division lawsuit is in the process of marriage with the former wife.”

However, in fact, since the Defendant was in arrears with the tax of an enterprise operated without any special property or income, and was unable to pay a monthly wage to workers, even if he borrowed money from the victim, there was no intent or ability to repay it, and there was no fact in the process of a property division lawsuit with the former wife. Rather, the Defendant was sentenced to imprisonment with prison labor for 120,430 million won in total and the Daejeon District Court on February 16, 2012.

The purpose was to borrow money from the victim in order to raise the cost of attorney-at-law's appointment after being investigated by the investigative agency after receiving the complaint.

The Defendant, by deceiving the victim as such, received money and valuables equivalent to KRW 5 million from the victim on the same day, KRW 8.9 million around May 20, 2010, KRW 500,000 around May 24, 2010, KRW 3.210,000 at the market price around May 25, 2010, KRW 15.6 million around June 11, 201, and KRW 15.6 million.

Summary of Evidence

1. C’s legal statement;

1. Examination protocol of the accused by prosecution;

1. An interrogation protocol of the police against the accused;

1. Statement to C by the police;

1. Copy of the statement made to D by the police;

1. A detailed statement of entry and withdrawal transactions;

1. A copy of a loan certificate;

1. Investigation report (suspect A relative investigation);

1. Previous convictions in judgment: Report on investigation (Attachment of written judgments, etc.) and application of the Acts and subordinate statutes of searching cases bound in the records of public trial;

1. Criminal facts;

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