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(영문) 수원지방법원 평택지원 2016.12.22 2016고단1406
사기
Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the fraud of March 20, 2013 was acquitted.

Reasons

Punishment of the crime

On November 2012, the Defendant made a false statement to the victim E at the office of the Defendant located in the office of Yeongdeungpo-gu Seoul Metropolitan Government DD (306), stating, “No one will conduct financial transactions in the relationship between the building site and the head of the Tong attached to the building site in the present civil trial. I will make full compensation later if I lend money not to become the bad credit holder.”

However, there was no fact that the Defendant had been involved in the government's bearer trading, and at the time, there was no intention or ability to repay the loan even if the Defendant borrowed money from the victim, on the ground that the Defendant had a very economical reason, such as having been making three credit cards return and receiving cash services under the circumstances where the Defendant was liable for a debt of approximately KRW 300 million to the bond company.

As above, the Defendant, by deceiving the victim, had the victim pay 1.6 million won on December 4, 2012 on behalf of the victim, and had the victim pay 1.6 million won on behalf of the purchase price, from that time, and obtained 61,63,600 won in total from the victim eight times on March 20, 2013, such as the list of crimes (excluding No. 9) in the annexed list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E and F;

1. Each prosecutor's protocol of examination of the accused;

1. E prosecutorial statement;

1. Each police interrogation protocol against the accused;

1. Details of the use of Samsung Cards, borrowing certificates, details of national banks, NongHyup Bank, details of transactions in new banks, records of transactions in Korean banks, records of recording, and letters;

1. Application of Acts and subordinate statutes to investigation reports (Preparation and reporting in the record, analysis of the statement of suspect bank transactions and analysis-68 million won);

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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