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(영문) 수원지방법원 안산지원 2018.07.12 2018고단1860
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

【The Defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court on August 18, 2017, and the judgment became final and conclusive on August 26, 2017.

【Criminal facts against the Defendant: (a) around May 4, 2017, at the second floor office of the building B in Gyeonggi-do, the second floor office of the building B in Gyeonggi-do, “A loan business entity is operated; and (b) an unconditionable profit is difficult to make an investment; and (b) an investment of KRW 50 million is paid KRW 3 million per month.

The phrase “ makes a false statement.”

However, at that time, the Defendant was delinquent in paying taxes of KRW 1 billion, and the financial status of the lending company was not good, such as unpaid mobile phone charges. Although the Defendant operated the lending company, the lending company mainly did not receive a loan agreement or security, and the rate of collection of the loan and the rate of collection of the loan is not more than 30%. Thus, the Defendant operated the lending company with the so-called “return prevention” type, such as lending funds from investors such as the victim and paying profits to the existing investors, and even if having received money from the victims, there was no intent or ability to pay the principal or profit of the investment made by the victim because it was planned to use the money for personal debt repayment, etc.

Nevertheless, on May 4, 2017, the Defendant: (a) by deceiving the victim; and (b) received from the victim, the sum of KRW 50,000,000,000 from the said office for KRW 10,000 No. 1,000, No. 30,000,000, in total, KRW 50,000 from the said office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The loan certificate;

1. Details of issuance by real name or serial number of a check before him;

1. Details of each account transaction;

1. Credit information on the accused;

1. Investigation report (the results of an investigation into the employment source of 50 million won for damage);

1. Previous convictions: inquiries into criminal history and investigation reports (suspects);

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