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(영문) 전주지방법원 2015.11.25 2015고단988
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Criminal Justice] On April 25, 2009, the Defendant was sentenced to two years of imprisonment for a crime of fraud at the Jeonju District Court on April 25, 2009. On October 21, 2009, the Jeonju District Court sentenced the Defendant to one year and six months of imprisonment for a crime of fraud, and completed the execution of the sentence on November 21, 2013.

【Criminal Facts】

On September 2014, the Defendant made a false statement to the victim E, who was aware of while living in prison at the “D” coffee shop located in Yongsan-gu Seoul, Yongsan-gu, Seoul, that “Before being punished as a crime of fraud, the Defendant left the company managing the funds by raising the creditors’ funds of KRW 14.7 billion, which would be necessary to recover the funds for 10 days, and then lend the money to the company managing the funds.”

However, the fact is that there is no 14.7 billion won for the hidden money as above, and the suspect has not been able to pay 280 million won for the bad credit holder who has not received a certain amount of income, and even if he borrowed money from the victim, there was no intention or ability to pay it.

On September 11, 2014, the Defendant, by deceiving the victim as such, received KRW 5 million in the post office deposit account (F) in the name of the Defendant from the victim on the pretext of borrowing money from the victim, from that time to February 4, 2015, and acquired a total of KRW 320,350,000 from the victim in the same way as shown in the attached crime list through the same method, from February 4, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement of E;

1. A complaint;

1. Details of ordinary deposits, certificates of confirmation of transactions, certificates of deposit, certificates of deposit, certificates of deposit transaction, copies of bankbooks in Korea, details of transactions, and details of transactions;

1. Details of mobile phone text messages, a written resolution on the payment of development fund, and a written certification;

1. Criminal history lights;

1. An investigation report (a confirmation of criminal records of the same kind of suspect, written judgments, and current status of custody);

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