logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.01.24 2013고단4460
사기
Text

The defendant is innocent. All of the applications filed by the applicant for compensation shall be dismissed.

Reasons

1. Summary of the facts charged

A. On October 201, 201, the Defendant, at the Seocho-gu Seoul Metropolitan Government E-building 726 office, expressed the victim’s 10 mobile phone small settlement window on the 10th auction site in Seocho-gu Seoul, Seocho-gu, stating that “The funds for operating the business are needed, and the amount settled at the 10th auction site is expected to be immediately included, and if the money is lent, it is expected to be repaid as the settlement amount enters.”

However, in fact, the defendant was in a bad credit position, and there was no intention to use the above money for business purposes even if it was delivered from the victim, and therefore there was no intention or ability to repay the above money to the victim.

As such, the Defendant was granted KRW 13,100,000,000,000 to the sum of the amounts indicated in the annexed crime list (1) by October 24, 2012, including by deceiving the victim and receiving KRW 2 million from the account (G) in the name of F around October 24, 2011.

B. On July 201, 201, the Defendant against the victim C expressed to the effect that “The Defendant would operate an Internet site on the face of the money that he/she has a good business case and paid to the victim at H I points located in Gangnam-gu Seoul Ha, Seoul, and that “The Defendant would pay the victim a profit of 15-20%. If the revenue from the Internet site is known, the Defendant would make it possible to pay the victim a profit from the static point of view.”

However, even if the defendant received the above money from the victim, he did not have the intention or ability to deliver the above money to the victim for the same reason as Paragraph 1.

On August 5, 2011, the Defendant deceptioned the victim C and received KRW 10,20,000 from the victim to the account (K) in the name of the J around August 5, 201 and received KRW 18,70,000,000 in total as shown in the separate crime list (2).

2. Determination:

A. Although the defendant and his defense counsel received money from the victims as stated in its reasoning, there is no fact of deceiving the victims as stated in its reasoning.

arrow