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(영문) 서울중앙지방법원 2015.05.15 2014고합1432
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

Around March 10, 2011, the Defendant, through the husband F of the victim E, at the office of the Defendant of Guro-gu Seoul Metropolitan Government D Building B127, concluded that, if the Defendant borrowed the name necessary for the Defendant to obtain a loan from the Defendant as collateral for the five-party G apartment bonds in Pakistan, in which the inside is being implemented and sold, the Defendant would settle the loan within six months after receiving the loan from the Nondo Mutual Savings Bank. In this regard, the Defendant concluded that, “A loan may be resolved without any problem, because there is an asset of 50 billion won in the Republic of Korea and there is an asset of 50 billion won and

However, in fact, since the loans of the defendant company operated by the defendant at the time are more than 10 million won and the long-term interest is not paid properly, there was no intention and ability to repay the principal and interest even if the loans are used under the name of the victim.

Nevertheless, as above, the Defendant, by deceiving the victim, transferred the ownership of the above five apartment bonds to the victim’s name on the same day, had the victim borrow KRW 2.1 billion from the mutual savings bank in the name of one bank account in the name of the victim, and received KRW 2.1 billion from the above five apartment bonds as security.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E, F, and I;

1. Each prosecutor's protocol of statement against J and K;

1. The application of Acts and subordinate statutes to all the matters on the register (Evidence No. 2), a written agreement on execution of funds for sale proceeds, a credit transaction agreement (Evidence No. 9), a collateral security trust agreement, a real estate trust agreement, a loan and funds management agreement, a real estate sales contract, a real estate transaction contract, a certificate of completion of real estate transaction contract, a certificate of deposit receipts and disbursements of single bank, a statement of accounts of common deposits of victims, a copy of the register of accounts of the L

1. Article 3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10, 2012); Article 3(1)2 of the Criminal Act on criminal facts.

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