logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.10.07 2019고단4447
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 22, 2018, the Defendant made a false statement to the effect that “The Defendant would pay in advance the down payment and intermediate payment to USD 8 per box because he/she had secured customers while continuing to import the business,” at the instant coffee shop located in Bupyeong-si B, Busan.”

However, as long as the Defendant engaged in the import business, there is no time to secure the actual customer, and the above copies are about 13 to 15 per box, and since the damage was caused by removing down payment with respect to such import business in the past, the Defendant is obligated to prepare for this. However, if the balance is insufficient and the down payment is detached from a foreign company, it cannot be repaid to the victim. However, due to the lack of company operation expenses, etc., the Defendant thought that the money remitted from the victim was used for the Defendant’s operating expenses or living expenses of the company, etc., so even if he received the above money from the victim, he did not have the intent or ability to supply the copy to 8 dollars per box.

On September 7, 2018, the Defendant, by deceiving the victim as above, received 11,182,080 won from the corporate bank account under the name of the Defendant from the victim, and acquired 8,114,40 won from the corporate bank account under the name of the Defendant to the corporate bank account around October 5 of the same year.

Summary of Evidence

1. Partial statement of the defendant;

1. Sales contract and deposit statement of imported goods;

1. D specifications;

1. The defendant and his defense counsel asserts to the effect that they had the intent and ability to supply copies to USD 8 per box.

However, the following circumstances, i.e., the Defendant received money from the victim on September 7, 2018, which can be acknowledged by the evidence duly adopted and investigated by this Court, and the Defendant received money from the victim on September 7, 2018.

arrow