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(영문) 수원지방법원 2012.11.30 2012고단3582
사기
Text

A defendant shall be punished by imprisonment for four months.

The defendant pays 30,000,000 won to the applicant for compensation by deceit.

(e).

Reasons

Punishment of the crime

Although the Defendant operated the sales office of “D” from July 2010, the Defendant did not have any particular income from around June 201, and paid at least 2.5 million won per month interest on the Defendant’s bank liabilities of KRW 320 million, and there is a circumstance equivalent to approximately 1.1 billion in personal liabilities, and thus, there was no intention or ability to complete payment even if the Defendant borrowed money from others.

1. Around June 15, 2011, the Defendant made a false statement to the victim C office in Geumcheon-gu Seoul Metropolitan Government (Seoul Metropolitan Government Geumcheon-gu) that “five million won shall be lent to the victim within one month.”

However, for the foregoing reasons, the Defendant did not have any intent or ability to repay money with others even if he borrowed money from others.

On the same day, the defendant acquired 5 million won from the victim as the borrowed money.

2. Around June 24, 2011, the Defendant heard from the victim’s first floor car page of the office of the said stock company, the amount of KRW 300 million is required from the victim’s funds for the operation of the company, and falsely stated that “The Defendant would borrow KRW 300 million from the victim’s funds for the operation of the company.” The Defendant would borrow KRW 300 million from the victim’s interest per week.

However, since the defendant did not know about a person who has a large number of cash, there was no intention or ability to lend funds to the victim, and as such, there was a lack of funds as above, there was a plan to use the funds received from the victim as personal debt repayment, etc.

On June 27, 201, the Defendant received a total of KRW 25 million from the victim on two occasions, such as KRW 10 million on the same day as the prior interest, KRW 15 million on the same day, and KRW 15 million on June 27, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of each police interrogation protocol against the accused (including the substitute part);

1. Application of Acts and subordinate statutes entered in a financial transaction of the principal;

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