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(영문) 서울서부지방법원 2017.11.08 2017고합217
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Until November 2014, the Defendant, while working in a bank from Do bank as a business subsidy, had no income after retired from office and had no means to repay debts, and had economic difficulties due to the lack of means to repay debts, and had the Defendant take advantage of the circumstances where it was economically difficult. As such, the Defendant attempted against the Bank by deceiving the Bank as if the Defendant continued to work in Do bank and made an investment, and received money under the name of the loan repayment and living expenses, etc.

Accordingly, the Defendant, around June 2015, at the Defendant’s residential premises located in Yongsan-gu Seoul Metropolitan Government, sent phone calls to the victims of high school dong Dok-gu, and ordered the victims to “on the part of Dok-gu in Seoul, a high school Dok-gu Dok-gu Dok-gu Dok-gu Dok-gu Dok-gu Dok-gu Dok-gu Dok-gu Dok-gu Dok-gu Dok-gu Dok-gu Dok-gu Dok-gu Dok-gu Dok-gu Dok-gu Dok-gu Dok-gu Dok-gu Dok-gu Dok-gu Dok-gu Dok-gu Dok-gu Dok-gu 5 billion won by deceiving the victims to receive KRW 30 million from the victims on August 4, 2015, and received KRW 65 billion in total as investments.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation reports (Attachment to the detailed statement of transactions, etc.), investigation reports (Submission of additional data by a suspect A), investigation reports (the details of telephone conversations with a complainant's workplace pay for telephone conversations), investigation reports (the details of telephone conversations with a complainant); and investigation reports (the details of telephone conversations with a complainant);

1. Complaint;

1. The application of Acts and subordinate statutes to arrange the account transaction statement, account transaction statement (National Bank G), account transaction statement (National Bank H), account transaction statement (SB), account transaction statement (New Bank J), account transaction statement (Business Bank K), account transaction statement (Business Bank E), account transaction statement (Business Bank E), and account transaction details;

1. Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347(1) of the Criminal Act concerning the crime (including the case).

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