logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.09.22 2015고정1812
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 9, 2013, the Defendant made a false statement to the victim C, stating that “The right to collateral security should be terminated if the Defendant would receive KRW 100 million as a rental deposit, and that “The right to collateral security will be terminated until the mid-term period of December 2013, 2013, the maximum debt amount set forth in subparagraph 402 of the building E, the right to collateral security (the right to collateral security), and the right to collateral security (the right to collateral security) will be terminated,” which is the right to collateral security (the right to collateral security) of the building E and the right to collateral security (the right to collateral security) would be terminated by December 2013, 2013.”

However, even if the victim received a lease deposit from the victim, there was no intention to terminate the right to collateral security, and eventually, the decision to commence the auction of the Seoul Southern District Court was made on January 15, 2014 upon the application of the "Mapo Credit Union" as to the above E-building 402.

As above, the Defendant, by deceiving the victim as above, was transferred from the victim to the new bank account (F) in the name of D in the bank account in the name of D, in total of KRW 10 million, including KRW 10 million on March 9, 2013, KRW 50 million on April 1, 2014, and KRW 40 million on April 5, 2013.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement to C by the police;

1. C Complaints;

1. The application of Acts and subordinate statutes of the investigation report (verification of the remaining amount of damage by lessee C);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was the victim of the instant case due to the instant case, and the damage equivalent to KRW 91 million was recovered immediately before the instant indictment, and the Defendant transferred KRW 12 million to the victim under the pretext of repayment of the damage during the instant trial.

arrow