logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2014.01.07 2013고단832
사기등
Text

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On August 30, 2012, the fraud Defendant stated that “I will pay back if I want to take over F, and I would pay the remainder in the status of payment of the down payment of KRW 15 million to the victim, and will make a lease contract as security after the contract.”

However, in fact, around 2011, the Defendant had no intent or ability to repay the total amount of KRW 15 million, inasmuch as it was difficult for another person to repay the loan only with a loan borrowed from another person. As such, the Defendant had no intent or ability to repay the loan even if he/she borrowed money.

Nevertheless, the Defendant received KRW 10 million from the victim to the account under the name of the Defendant. On September 1, 2012, the Defendant received KRW 5 million from the same account.

In addition, from that time to January 30, 2013, the defendant deceivings the victim as shown in the attached crime list, and obtained a total of KRW 30,50,000 through four times.

2. Forgery of private documents and the display of private documents;

A. On August 30, 2012 and September 1, 2012, the Defendant: (a) borrowed a sum of KRW 15 million from C with F acquisition capital; and (b) decided to grant F’s lease contract to C.

However, when a real lease contract is delivered, it is likely that the use of 5 million won out of the loan 15 million won as a deposit for lease will be difficult, so that it would be difficult to deliver a false contract in which deposit and premium are written as KRW 10 million, respectively.

At the H restaurant operated by the Defendant on September 3, 2012, the Defendant, located in the 1st floor G in Gangseo-si, Gangnam-si, the Defendant: “Gangne-si 1st floor F,” “Seoul 1st floor in the deposit column,” “Seoul 20 million won in the monthly rent column,” “Seoul 20 million won in the down payment column,” and “J” in the lessor column.

arrow