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(영문) 대전지방법원 2020.10.30 2020고단3886
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

Defendant’s clothes.

The victim B is a retailer, and the victim B is a person who operates the Internet shopping mall under the trade name of "stock company C".

On June 2019, the Defendant called, “At the end of the French factory, the Defendant could supply the kinds of good quality nuclear power plant to the complainants in wholesale in a more and less manner than other companies after having become aware of the recent Chinese factory, and this factory will be friendly than the other companies, so it will meet the maximum amount as much as possible.”

However, the Defendant did not have the intent or ability to supply Swegs normally as agreed even if he received money from the victim as the contract deposit and intermediate payment because there was no particular property or income, but there was no need for interest, living expenses, etc. on the above obligation, and there was no need for interest, living expenses, etc. for the above obligation.

As above, the Defendant: (a) by deceiving the victim; (b) transferred KRW 35,915,814 as the down payment from the victim on September 19, 2019; (c) transferred KRW 21,549,48 as the intermediate payment on October 15, 2019; (d) transferred KRW 21,549,48 as the intermediate payment to the same account; and (c) transferred KRW 3,432,000 in the amount of polybagro package money in the name of the Defendant to the single bank account in the name of the Defendant on October 23, 2019; and (d) transferred KRW 60,897,302 in total.

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

Summary of Evidence

1. Each police's protocol of interrogation of the accused's oral statement;

1. Statement and investigation report by the police about B (Submission of details of bank transactions by the suspect);

1. 고소장, 카카오톡 대화내용, 거래영수증, 계좌거래내역, 국가관계 종합정보서비스 조회결과, 우체국 택배 운송조회, 중국 업체 발송 전자 우편, 피고인과 중국 업체 담당자 사이의 위쳇 대화내용, 인보이스, 카카오뱅크 및 하나은행 계좌거래내역, 중국 업체...

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