(영문) 서울중앙지방법원 2019.07.12 2018고단3268

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2019.07.12 2018고단3268

사기

Text

The sentence against the accused shall be determined as a fine of 10,000,000 (one thousand won).

When the defendant does not pay a fine.

Reasons

Punishment of the crime

Although the Defendant had operated a test in Vietnam, the Defendant did not have the intent or ability to pay the price of goods or the loan money within one month even though he did not receive the goods from the victim due to the lack of income or assets, and did not have the ability to pay the cost necessary for customs clearance of the goods provided.

1. On November 14, 2016, the Defendant: “Around November 2016, the Defendant, by telephone, purchased Korean food at a local customer in Vietnam, sold the food immediately and paid the price within one month; first, it is necessary to obtain permission for the distribution of food materials, and it is necessary to lend KRW 3 million to the victim, and then, the Defendant was remitted KRW 3 million from the victim to B account under the name of the Defendant’s designation on November 14, 2016.

2. On January 2017, the victim made a false statement to the effect that “if the victim purchases Korean food from a local customer in Vietnam, it would be paid within one month the price would be paid.” On February 2017, the victim exported food, etc. equivalent to the total market price of KRW 51,059,393, at the 31st day of the same month to Vietnam and received the delivery of that food, etc. around February 2017.

3. Falsely speaking, around February 2017, that “The victim is unable to pay customs clearance fees for the items sent to him/her because he/she does not enter the country because he/she does not have to pay customs clearance fees.” The victim was transferred KRW 5,665,00 from the victim to the account in the name of the defendant, as customs clearance fees around February 6, 2017.

As such, the Defendant, by deceiving the victim, obtained a total of KRW 59,724,39,393 (= KRW 51,059,393 KRW 5,665,00).

Summary of Evidence

1. The defendant's partial statement (the receipt of money and goods);

1. The legal statement of witness C (the fourth protocol of trial);

1. The content of each D dialogue, each e-mail data.

유사 판례

-수원지방법원 안양지원 2015.06.25 2015고단169

-서울북부지방법원 2019.12.10 2018가단14608

-서울동부지방법원 2020.07.21 2019가단4282

-서울남부지방법원 2015.06.26 2015고단917

-수원지방법원 2017.11.09 2016고단5059