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(영문) 서울중앙지방법원 2016.10.26 2015고단8064
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On July 22, 2010, the Defendant was sentenced in Seoul High Court to imprisonment with prison labor for a violation of the Act on the Regulation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and the judgment was finalized on October 28

【Criminal Facts】

The defendant was a director of D Co., Ltd., a real estate consulting company.

On October 7, 2008, the Defendant made a false statement to the victim F in Gangnam-gu Seoul E-building 3, 2008 that “I will receive a successful bid at a low price of real estate generated by auction and resell or use it and make profits from it. There have been real estate generated at a low price in Seoul Hodong-dong, and there has been a lot of proceeds from the sale of it. I will make repayment within one month, and will pay interest thereafter.”

However, the Defendant, at the time, was invested in a large amount of 20 billion won by an unspecified number of people, and was under investigation due to the Defendant’s failure to refund the said investment money, and thus, the Defendant borrowed most of KRW 300 million out of the purchase price of the said G G real estate that the Defendant intended to purchase, and the remainder of the intermediate payment and the remainder of the remainder are not prepared for a specific plan or plan to prepare it, so it is very unreasonable to purchase the said real estate even if the Defendant received money from the victim, and therefore, it is not more likely that the Defendant would make

Although there are some circumstances, if the defendant borrowed money, the defendant deceivings the victim as if the contract was concluded and reselled, and the proceeds from the money was generated, thereby deceiving the victim, thereby receiving KRW 83 million from the victim to the single bank account under the name of the corporation D on October 7, 2008.

Summary of Evidence

1. Legal statement of witness F;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1.F.

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