logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.10.25 2017고단3475
사기
Text

A defendant shall be punished by imprisonment for six months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

In 2009, the Defendant became aware of the victim C who was enrolled in the course of the innovative management MBA under the Korea Productivity Headquarters as the operator of the corporation D, a company that manufactures and sells medical devices, etc.

On March 2010, the Defendant is required to operate the Company at the D office located in Sungnam-gu E, Sungnam-gu, Sungnam-gu, Sinnam-si, 201.

Along with the time of demanding the repayment of money, a false statement was made that the money would be repaid without money.

However, in fact, the defendant was in a hostile state of D Co., Ltd., which was operated by the defendant, and only the personal debt worth KRW 350 million borrowed under the name of the defendant and the defendant's wife, and there was no intention or ability to repay the debt even if he borrowed money from the victim.

Around March 10, 2010, the Defendant, by deceiving the victim, received KRW 20 million from the victim, to the account (G) in the name of F, a representative in the name of D, the Defendant’s wife interest corporation, around March 10, 201, and by deceiving the victim through the aforementioned method between around that time and January 22, 2011, and then deceiving the victim and then, the victim was delivered KRW 62,80,000,000 from the victim seven times in total 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 prosecutor in the protocol concerning C;

1. Application of each Act or subordinate statute to a copy of financial transaction details, a copy of a promissory note process, a copy of each credit inquiry note, a copy of a loan certificate, a copy of a passbook transaction, and a copy of a passbook transaction statement;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 32(1)3 and (2) and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an application for compensation order (the existence or scope of liability for damages is unclear) is reasonable to issue an order for compensation.

arrow