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(영문) 서울북부지방법원 2018.10.19 2017고단5795
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, the charge of fraud and embezzlement on September 3, 2014 shall be acquitted.

Reasons

Punishment of the crime

[2017 Highest 5795, fraud] Upon request of the victim B, the Defendant: (a) from around February 16, 2010, the construction of the Seodaemun-gu Seoul Western-gu Seoul Metropolitan Government ground loan, (b) the construction of the repair of a double floor D above that owned by the victim from March 201; (c) the construction of a new construction of an Asan-si Office from December 25, 201 to September 25, 201, while the construction of an Asan-si Office was in progress, at the F G G unit in Seodaemun-gu Seoul Metropolitan Government (Seoul Seo-gu Seoul Metropolitan Government Seodaemun-gu)’s sales office, “The H account payment was filed with the victim, which was 10 million won deposited with H, and KRW 100 million deposited with the deposited money and KRW 43 million deposited with H in order to resolve the H’s seizure.”

However, in fact, the defendant agreed to settle the H and the construction cost of KRW 70 million, and there was no deposit of KRW 100 million.

Nevertheless, the defendant deceivings the victim as above and used by the defendant from the damaged person.

In addition to the remittance of KRW 50 million to the account in the I’s name on February 25, 201, and KRW 50 million on February 28, 2011, KRW 54.3 million on February 28, 2011, a total of KRW 114.3 million on a total of four occasions from February 25, 201 to June 30, 2015, such as the list of crimes in the attached Table, was remitted and acquired.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness B and J;

1. Statement made to the prosecution against B and J by each prosecutor;

1. Statement made by the police against B;

1. Complaint;

1. A letter of certification (an agreement to newly construct a F Borrowing)

1. Inquiries about the details of transactions (A) 2011, inquiry about the details of transactions (A) 2014, and inquiry about the details of transactions (A) 2015;

1. Details of letters A, K, and complainants;

1. Details on the arrangement of deposits and withdrawals between A and complainants;

1. A meri of passbook B in SC Il-il Bank L, a passbook B (59 pages of investigation records), and a passbook N in SC M of each SC Il-il Bank M (205 pages of investigation records, 239 pages);

1. Recording notes (O) recording with H (2 cases);

1. A statement of deposit transactions with a new bank;

1. A copy of each B pocket book (203, 240 pages of investigation records);

1. Application of Acts and subordinate statutes confirming the facts of P;

1. Criminal facts;

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