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(영문) 수원지방법원 안산지원 2016.11.03 2015고단3890
사기
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[2015 Highest 3890] The defendant is a person who operates E Co., Ltd. established for the purpose of camping car manufacturing, etc. with the main office located in the wife population D in Young-si.

On July 26, 2014, the Defendant made a false statement to the victim F who asked to produce a camping course at the office of the above E Co., Ltd., stating, “I will make it possible for the president to make it up to September 1, 2014 in the first order when I would pay the advance payment more than other minutes.”

However, from around 2012, it was difficult to find out the financial circumstances of the company due to the failure to pay monthly wages and retirement allowances to its employees, and even if receiving prepaid payments from the victim, it was not possible to use them in paying wages to its employees or in paying the existing credit amount, so there was no intention or ability to produce camping to the victim.

On July 29, 2014, the Defendant received KRW 43,000,000 from the victim to the Agricultural Cooperative account of the Defendant’s mother G, and KRW 15,000,000 from the said account on July 30, 2014, respectively.

Accordingly, the defendant was delivered 58,00,000 won by deceiving the victim.

[2016 Highest 107] On October 17, 2013, the Defendant made a false statement to the victim H who requested the production of a camping car at the above E E office, stating that “a camping car will be manufactured and produced within two months.”

However, the facts revealed that it was difficult for the company to pay monthly wages and retirement allowances to its employees from around 2012, and therefore, even if the victim received camping production expenses from the victim, the victim did not have the intent or ability to produce camping cars.

The Defendant received KRW 3,00,000 from the victim to the Agricultural Cooperative account of G on October 18, 2013, and received KRW 53,740,000 in total from around that time to January 28, 2014, as shown in the list of crimes in attached Table, from around that time, the Defendant transferred KRW 53,740,00 to the Agricultural Cooperative account of the said G.

This is the defendant.

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