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(영문) 대구지방법원 경주지원 2020.04.14 2019고단644
사기
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 1, 2010, the Defendant committed the lower-class around the Defendant’s house located in the Defendant’s office in the racing-si, Young-si around January 2010, false statement stating, “C, his or her wife passed the D University. He or she need to obtain money and money from his or her father. He or she need to obtain money from his or her father and wife. He or she will pay money two months after lending money.”

However, since the defendant was in bad credit standing at the time and the defendant's father, E did not pass the D University, even if he borrowed money from the victim, he did not have the intent or ability to pay the money to the victim within two months.

On January 29, 2010, the Defendant received KRW 6 million in total from the victim, such as receiving transfer of KRW 4 million in cash from the post office account (F) in the name of the Defendant and receiving KRW 10 million in cash.

2. Around April 2010, the Defendant stated that “Around April 2010, the Defendant borrowed business funds from the Defendant’s house located in the racing-si B, and that “A victim C shall be repaid two months after the loan of money.”

However, since the defendant had a debt equivalent to KRW 70 million due to bad credit standing at the time, even if he borrowed money from the victim, he did not have any intent or ability to pay money to the victim within two months.

The Defendant received cash of KRW 20 million from the victim on April 2010, as the borrowed money.

As a result, the defendant deceivings the victim and received a total of KRW 30 million over twice.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Each prosecutor's statement concerning C;

1. Statement to C by the police;

1. C Complaints;

1. Cash custody certificate;

1. Each investigation report (related to telephone conversations with his/her wife E);

1. One copy of investigation report (verification of suspect financial transaction details) and written consent to the provision of financial transaction information, etc. and reply details;

1. Details of financial transactions for which investigation reports are filed;

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