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(영문) 수원지방법원 성남지원 2020.04.09 2019고합327
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

Around January 8, 2010, the Defendant provided that, “A victim C may receive 20% or more of the profits from purchasing and selling gold directly,” in front of the Songpa-gu apartment of Songpa-gu Seoul Metropolitan Government B, the Defendant borrowed KRW 500,000,000,000,000 to purchase gold with the president, etc. of the precious metal company D in Seoul, with the precious metal company D, to conduct a business, and paid the principal and interest to the victim C, by adding the interest of KRW 5,00,000,000,000 to the two to three months after the end of the month.”

However, in order to continue to borrow money from the victim, the Defendant paid part of the above borrowed money to the victim, who is the profit from the business, and thought that most of the above borrowed money would be used as gambling funds, entertainment expenses, living expenses, etc., and the Defendant’s “The E president of the precious metal company D”, which the Defendant delivered, did not have any capacity or intent to repay the borrowed money as promised to the victim because the Defendant was a person who was a tool for deceiving the victim, and did not have any capacity or intent to directly gold money or to carry out related business, nor did the Defendant had no capacity or intent to carry out any other business.

Nevertheless, on January 8, 2010, the Defendant received KRW 5 million from the victim as the borrowed money, and from around that time to February 23, 2016, the Defendant received KRW 707,275,000 in total as the borrowed money, as stated in the separate crime list, from around that time, to around February 23, 2016.

As a result, the Defendant was issued a total of KRW 707,275,000 by deceiving the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each protocol of examination of the accused by the prosecution (including one time, three times, and three substitute parts);

1. Each police statement of C;

1. A complaint, details of transactions, details of transactions, details of entry into and withdrawal from F banks, details of entry into and withdrawal from post offices, and a detailed statement of entry into and withdrawal from G banks;

1. Each investigation report: The investigation of materials, twice as a final report, the investigation of materials -H, the management office related to the suspect A.

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