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(영문) 서울중앙지방법원 2014.11.14 2014고단5924
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 2006, the crime of fraud C is the representative of D (hereinafter “D”) that is real estate sales office, and the defendant is the employee of the above company, and C instructed the defendant to attract company funds through his seal, and the defendant was willing to raise funds through the victim E.

On December 8, 2006, the Defendant displayed the passbook in his name, where the amount of KRW 300 million is deposited from D in the multilateral bank located in Jung-gu Seoul, Jungdong, Seoul, the Defendant: “The Defendant borrowed money to C; “The Defendant would pay the borrowed money if he borrowed money from the company; and even if there is any suspicion that it was wrong, the Defendant would pay the borrowed money.” On March 8, 2006, at the D Office of Jung-gu, Seoul, Jung-gu, Seoul; “D may exercise the right to sell commercial buildings equivalent to KRW 10 billion if it was lent money to the victim because it was selected as an executor related to the Yellowdong redevelopment; “D will pay the borrowed money without a mold until March 20, 2007.”

However, at the time, D was not designated as an executor related to the redevelopment of Yellowdong, and the defendant and C did not have the intent or ability to allow the victim to exercise the right to sell commercial buildings equivalent to 10 billion won, and there was no intention or ability to pay the borrowed money normally to the victim because of excessive debt.

Nevertheless, the Defendant, in collusion with C, deceivings the victim as above, and in this respect, obtained a sum of KRW 10 million in cash from the victim on the same day and KRW 30 million in the number of unit per unit of KRW 20 million from the victim, and acquired it by fraud.

2. On February 15, 2010, the Defendant committed the crime of fraud was expressed any intent to allow the victim E to purchase the out-of-the-counter sales store in the mutual incomprehion of the cross-facehion located in Jung-gu Seoul Metropolitan Government, Jung-gu.

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