logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.02.07 2017고단4368
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, who operates an entertainment planner with the trade name of “C,” intends to produce the F film to the victim E at the Defendant’s office located in Mapo-gu Seoul Metropolitan Government D and 3001, Sept. 4, 2016.

It is intended to lend KRW 20 million to the initial fund, enter the film production within this year, make them to contribute to the film when entering the production, and make a full payment within one month.

“.......”

However, in fact, the Defendant did not have any particular income or property, and did not have determined whether the film is produced because it was not determined to receive an investment from other investors in connection with the production of the film, so it was not possible for the victim to contribute to the film, and there was no intention or ability to repay the amount borrowed from the victim to other people on the date on which the Defendant was promised to use the borrowed money from the victim to repay the debt to the other people, etc.

Ultimately, the Defendant, by deceiving the victim as above, received money of KRW 20 million from the victim to the Defendant’s Cit Bank account (Account Number G) on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigative report, investigative report, investigative report, investigative report, investigative report, reference witness's telephone conversations, investigation report, investigation report and investigation report; and reference witness's L telephone conversations;

1. Application of Acts and subordinate statutes to each investigation report (Submission of suspect data - Detailed statement of account transactions) and each account transaction statement;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (the period from six months to one year) of the types of general fraud.

3. The sentence has no record of the same kind of crime and no record of punishment exceeding the fine, and the victim is two million won.

arrow