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(영문) 의정부지방법원 고양지원 2017.09.08 2017고합130
특정경제범죄가중처벌등에관한법률위반(사기)
Text

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

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, while operating the Gangnam-gu mobile phone sales chain E in Seoul, was able to receive money from the victim F who was aware of the peace while operating the mobile phone sales business in Gangnam-gu Seoul, and received money in the name of the cost of mobile phone sales business.

Accordingly, the Defendant, at the office of F of the victim F located in Hanam-si, Hannam-si, on December 2014, the Defendant did not plan to use the money from the victim, even if she borrowed money from the victim, and was planning to receive money from the victim as if she sold and received a mobile phone, and as if she was a opening fee, she did not have the intent or ability to receive money from the victim, she did not intend to pay her opening fee to the business operator and sell the mobile phone.

A false statement stating that 80% of the fees for opening of a mobile phone will be used for operating expenses, and that 90% will be paid by selling the mobile phone with the money and receiving the opening fees. It received 830,000 won on December 31, 2014 from the damaged person to the single bank account in the name of the defendant, and received 4,25,092,611 won in total from the damaged person by deceiving the victim by the same method over 513 times from August 8, 2016, as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of the F;

1. Statement of F in the protocol of interrogation of the police officer against the accused (two times, replacement of the accused);

1. A president of the F;

1. On December 1, 2014, between December 1, 2014 and August 13, 2016, transaction details, E, the statement of account settlement sent by the complainant, E, the monthly deposit and withdrawal details, the sales ledger from December 2014 to August 2016, the name bank (J) transaction details in the name of the criminal suspect, the E bank (K) transaction details, the E head of account (K) transaction.

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