logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2015.09.10 2015고단370
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

Around August 2012, the Defendant made a false statement to the Defendant’s office located in the Defendant’s headquarters located in Yang Jae-dong, Seocho-gu, Seoul, with intent to borrow money from the Victim B who worked in Hyundai Motor and became an employee of that subcontractor, and that “on the other hand, he may pay the principal and interest by dividing the amount into 25th day of each month, which is the payment date, if he/she lends money, and he/she will pay the principal and interest at once with incentives or bonuses at the company. In addition, he/she received an application for a loan from a community credit cooperative in the company.”

However, in fact, at the time of lending money from the victim, the suspect was liable for a loan amounting to KRW 80 million to the community credit cooperatives in the company where he had been employed at the time of borrowing money from the victim, and it was difficult to provide additional loans due to low credit rating due to the failure to pay the loan amount of KRW 120 million to the high-interest bonds including the first and second financial rights. The sole reason for receiving the loan was that the principal amount of KRW 23 million was paid each month as the only reason for receiving the loan, and the principal and interest amount of KRW 23 million was rapidly in short of raising the living expenses. Thus, even if he borrowed money from the victim, he did not have the intent or ability to pay it, rather, he was used to pay it in advance by the victim so-called so-called "payment demand" or the bonds with the highest interest rate are to be repaid.

Nevertheless, the Defendant, as above, deceiving the victim and deceiving him as such, 8 million won around August 22, 2012 and 7 million won around the 24th day of the same month, under the pretext of borrowing from the victim.

9. On June 1, 201, a total of KRW 50 million was remitted to a deposit account in the name of the accused.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect examination protocol of the accused by the prosecution (including the B substitute part);

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes concerning filing of complaints, copies of notarial deeds, and details of transactions by each entry;

arrow