logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.12.23 2015고단4338
사기
Text

Defendants shall be punished by imprisonment for up to eight months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A from around 2011 to below the Seoul Gwangjin-gu Seoul Special Metropolitan City, a person who operated a tester company with the trade name "D", and Defendant B is a person who worked for the above business establishment as an employee and maintained an internal relationship with Defendant A.

Defendant

A around June 1, 2012, at the victim F's house located in the E apartment 103 Dong 901, Namyang-si, Namyang-si, stating that "the victim is unable to properly perform the construction work due to the lack of money to purchase materials in the room. If the purchase price of materials is leased KRW 100 million, it shall be notarized on apartment, etc., and shall be repaid in installments for ten months each month including interest, and shall be paid in 13 million won each month," and the defendant B stated that "the monthly rent deposit for the apartment house in which he resides in the house shall be deducted from KRW 20,000,000,000,000,000,000."

However, in fact, Defendant A used money from the victim even if it borrowed money from the victim because the unpaid material price is more than 60 million won at the time, and even if the money remains, Defendant A was thought to be used as the business fund of B, and there was no intention or ability to purchase new materials and carry out construction.

Nevertheless, the Defendants conspired to make a false statement to the victim, and prepared a loan certificate in B and A, a joint and several sureties, with the borrower’s false statement to the victim, and the victim was delivered KRW 100 million on the job by the victim.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. Letters, borrowings, certificates of personal seal impression, and notarial deeds;

1. Application of statutes on details of financial transactions;

1. Relevant Articles 347(1) and 30 of the Criminal Act and the Defendants’ choice of punishment for criminal facts

1. Defendants on probation: The unfavorable circumstances for sentencing under Article 62(1) of the Criminal Act:

arrow