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(영문) 의정부지방법원 2016.09.30 2016고단1648
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

피고인은 2014. 9. 하 순경 지인의 소개로 피고인의 일을 도와주며 건설업에 대하여 배우려는 피해자 C에게 포 천시 D에 있는 E 부근의 임야를 보여주며, “ 위 임야를 개발할 예정이다, 토목공사를 하기로 토지 주와 이미 구두 계약을 체결하였다 ”라고 말하고, 마치 대규모의 공사를 수주한 것처럼 행세하며 피해자의 환심을 샀다.

In addition, on October 2014, the Defendant stated that “The Defendant would repay the borrowed money to the Defendant until the end of December 2014, 2014, because it was planned to establish a corporation as a first patrolman on November 201, and to enter into a regular contract with the first patrolman on December 2014, the Defendant loaned the acquisition money of the corporation.” The Defendant would receive the down payment of KRW 2-300 million upon the commencement of construction after entering into a contract.”

However, in fact, the Defendant did not enter into a contract with the owner of the said forest land to perform civil engineering works; the Defendant failed to secure funds or professional human resources necessary to acquire and operate the construction company; and the Defendant did not perform any construction works for which payment of construction cost may be made by the end of December 2014; and the Plaintiff did not have any intent or ability to repay the said amount until December 2014, when acquiring and operating the construction company, even if having borrowed money from the damaged party.

Nevertheless, Defendant 1 received KRW 270,000,000 as the expenses for acquisition of the legal entity from the victims of the false statement as above, at the top of the post office of the Agricultural Cooperative’s annual salary, which was located in the Republic of Korea in the Republic of Korea, from the victims of the false statement, around October 7, 2014.

In addition, the Defendant received a total of KRW 76,70,000 from that to December 9, 2014 and received property or pecuniary benefits equivalent to KRW 76,70,000 in total on 24 occasions, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A criminal investigation report (to attach a detailed statement of account transactions);

1. A complaint;

1. Admission and withdrawal;

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