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(영문) 광주지방법원 2018.02.08 2017고단2721
사기등
Text

A defendant shall be punished by imprisonment for a period of five months.

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On August 1, 2016, the Defendant stated that “A victim E and F shall make a high profit-making business through gold transactions at the office of Gwangju-gu Seoul Special Metropolitan City Office of the Dispute Resolution Co., Ltd., which is located in the Dong-gu, Gwangju Metropolitan City, Inc., which held that “A high profit-making business shall be made by making an investment of KRW 5,00,000,000,000 to the Dispute Resolution D, which shall be paid twice a month until the dividend income reaches 30% of the principal amount.”

In fact, however, there was no specific business plan of the LAD, so even if the defendant receives investment funds, there was no intention or ability to pay the profits.

As above, the Defendant: (a) by deceiving the victims; (b) transferred KRW 5 million from the victim E to the post office account in the name of G on the same day; and (c) transferred KRW 5 million from the victim F on the same day; and (d) KRW 8 million in total from the victim F on the 30 million of the same month to the same account.

2. No one shall engage in a business for receiving contributions under an agreement to pay the total amount of contributions or an amount in excess thereof to many and unspecified persons in the future without obtaining authorization, permission, or making registration or report under Acts and subordinate statutes;

The Defendant agreed to pay E and F an amount exceeding his/her investment in the future without obtaining authorization or permission under statutes, as described in paragraph (1), and received the investment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with respect to H, E, or F;

1. A written confirmation of the results of electronic financial transfer;

1. A detailed statement of deposit transactions;

1. Application of Acts and subordinate statutes on investment agreement;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 of the Criminal Act (the point of fraud), Article 6(1) and Article 3 of the Act on the Regulation of Similar Receiving Acts (the point of reception), Articles 6(1) and (3) of the Act on the Regulation of Similar Receiving Acts, and the choice of imprisonment for

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence - the defendant is punished for fraud.

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