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(영문) 서울중앙지방법원 2016.12.15 2016고단6487
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 8, 2015, the Defendant made a false statement to the effect that “A victim C, who was a chain of interest in Hong Kong or lower in Hong Kong, has been holding KRW 100 million in the current Korean account, but was trying to withdraw KRW 100 million at a time. At present, as the auction is in progress, the suspension of transactions is difficult because it is difficult to return to the Republic of Korea. If the Defendant borrowed KRW 3 million, the Defendant would cancel the suspension of transactions in Korea after the success of the auction.”

However, the defendant did not have KRW 100 million at the time, and the defendant did not think that he will receive money from the victim to use it for the cost of living, but did not participate in the auction, so even if he borrowed money from the victim, he did not have the intent or ability to repay the borrowed money

As above, the Defendant, by deceiving the victim, received KRW 2,990,00 from the victim to the single bank account in the name of D as the borrowed money on the same day, from that time to March 21, 2016, and received a total of KRW 119,959,00 in the same manner as in the list of crimes in the attached Table, from March 21, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement of C;

1. The details of the Kakao Stockholm conversation, a detailed statement of banking transactions in Korea, a photograph of 2010Kadan65418 (Additional District Act), C’s account transactions in Korea under the name of Korea bank, e-mail sent by complainants, card lending records, loan transaction contracts, debt certificates, F’s account transaction details, G nominal bank account transaction details, H-registered national bank account transaction details, H-registered national bank account transaction details, I-registered bank account transaction details, and D-registered bank account transaction details;

1. Application of Acts and subordinate statutes to each investigation report (the filing of suspect entry and departure records, F, H, I, and telephone communications);

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, and the victim's reasons for sentencing choice of imprisonment.

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