logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.08.09 2016고정677
사기
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 24, 2014, the Defendant: (a) at the C cafeteria located in Ulsan-gun, Ulsan-gun, Ulsan-gun, the victim D (hereinafter “C cafeteria”); (b) “I wish to take over and operate the cafeteria together with E, one restaurant located near the inter-city bus terminal in Ulsan-gun, Ulsan-gun; and (c) borrowed money out of the funds. The Defendant will have to pay the amount of money for the light time provided on January 2015.

The phrase “ makes a false statement.”

However, in fact, the Defendant had no property at the time and tried to take over and operate the above restaurant only with the money borrowed from the Defendant. Since the Defendant had no ability to pay the money, the Defendant could not escape the amount of money from the recipient of the loan on January 2015, even if he borrowed money from the victim, the Defendant did not have the intent and ability to pay the money until January 2015.

The Defendant received from the injured party a total amount of KRW 2 million from the Saemaul Treasury account in the name of the Defendant on the same day, KRW 3 million from November 1, 2014, KRW 4.5 million from the said account on November 14, 2014, and KRW 9.5 million from the said account on November 14, 2014, respectively, to transfer KRW 9.5 million from the said account.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. On January 15, 2015, the Defendant closed the door to the victim D’s “one restaurant operated is not a funeral,” at the mutual influent restaurant located in the New-dong, Nam-gu, Ulsan-gu, Ulsan-gu.

The money needed to pay is returned to the restaurant deposit if it is lent to the public.

The phrase “ makes a false statement.”

However, the defendant did not have any property at the time, and even if he borrowed money from the injured party, he did not have any intent to repay the money.

The Defendant received 2 million won in cash from the damaged party on his job.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on transaction specifications and investigation reports (account details);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Attraction of a workhouse;

arrow