logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2021.01.27 2020고단5182
사기
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal record] On October 11, 2007, the Defendant was sentenced to two years of imprisonment for a crime of fraud in support of Sungnam Branch of Suwon District Court, and on August 6, 2008, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Suwon Branch of Suwon District Court on August 6, 2008, and was released from these prisons on April 30, 201, and the remaining term of imprisonment for the last sentence was expired on October 5, 2010.

In addition, on July 16, 2015, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Eastern District Court, and the said judgment became final and conclusive on June 30, 2016.

[Criminal facts] The Defendant, on January 1, 2013, obtained a loan of KRW 7 billion from E from Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon Metropolitan City (Seoul), and from the victim B, the victim B was guilty.

It is possible to receive money after two months, and the land is also owned in Seoul, and 30 million won is expected to be paid as compensation.

It made a false statement to the effect that 100 million won will be paid when lending money and allowing the use of the card.

However, the Defendant did not have any property or profit at the time, and the Defendant did not have any intent or ability to repay the claim even if he borrowed money from the injured party and borrowed the card in the name of the injured party, because the claim against E, which the Defendant had existed in 2011 and was not repaid until that time, was not in a specific change.

Around January 8, 2013, the Defendant: (a) by deceiving the victim; (b) received KRW 5 million from the victim to the new bank account (F) in B’s name; and (c) received transfer of KRW 17.7 million from February 4, 2013 to the time of February 4, 2013 as shown in Table 1 of the List of Crimes; and (d) obtained pecuniary benefits equivalent to that amount by using KRW 38,569,113 with the victim’s card in the name of the victim from January 2, 2013 to April 2, 2013 as shown in Table 2 of the List of Crimes in the Attached Crimes.

Summary of Evidence

1. Statement made by the police against B;

1. Investigation report (in case of a complainant);

arrow