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(영문) 서울동부지방법원 2019.01.24 2018고단3416
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

To the extent that the prosecutor does not disadvantage the defendant's exercise of his/her right to defense, some correction or correction was made according to facts obtained through the examination of changes in indictment procedures.

[Criminal Power] On April 22, 2016, the Defendant was sentenced to imprisonment for a crime of fraud at the Seoul Eastern District Court for eight months, and the judgment became final and conclusive on the same day.

【Criminal Facts】

Around March 17, 2013, the Defendant stated that “A victim B will pay interest even if he/she borrowed KRW 150 million as he/she lacks business funds,” in the mutual influent car page in Gangnam-gu Seoul, Seoul, with the victim B. However, he/she also sold the land in Cambodia.”

However, at the time, the Defendant was unable to repay his personal debt worth KRW 580 million and was in excess of his obligation. Cambodian waste business was not in excess of raising funds, and the business was not carried out in detail. The Defendant was in arrears with the corporate tax operated by the Defendant, and his employee was in arrears, and the apartment house in the name of father, the only property father, was set up a collateral security amount equivalent to the market price, and there was no other property or income. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay it.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 100,000 from the victim, namely, KRW 100,000 from the victim, and KRW 50,000,00 from April 12, 2013.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Legal statement of the witness B;

1. Each prosecutor's protocol of examination of the accused (including B/S)

1. The police statement concerning B;

1. Each loan certificate, written confirmation, full certificate of registered matters, financial statements certificate, income statement, investigation report, and judgment;

1. Application of the Acts and subordinate statutes to the complaint;

1. Criminal facts;

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