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(영문) 서울중앙지방법원 2019.06.28 2019고합180
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

From Jun. 2, 2014 to Jun. 7, 2014, the Defendant entered into a contract with an overseas company in order to obtain the right to exclusively receive and operate the Asian tickets of the program (C) developed overseas from the victim B at the coffee shop in Gangdong-gu Seoul. The down payment is already paid, and the intermediate payment, server management expenses, etc. are insufficient. If the Defendant borrowed KRW 400 million, it will be repaid until Oct. 2, 2014, which is three months later, and if the branch office is established, it would receive approximately KRW 2 billion deposit from the sales agency, and one billion out of them will be loaned as business funds.

However, in fact, the Defendant did not enter into a contract for the above C Program monopoly sale, and did not have any specific property, so even if the Defendant borrowed money from the victim, it did not have the intent or ability to repay it within three months, and was thought to use it for personal living expenses or for other business funds unrelated to C.

Nevertheless, the main text of the indictment changed from July 12, 2014 to June 16, 2019, which was changed from around 10,000 to around 5,520,000 won in total, as described in the list of crimes in the attached Table, including deceiving the victim as above and receiving remittance of KRW 50 million from the victim via D around July 12, 2014, as well as from July 12, 2014 to December 16, 2019, is written as KRW 55,200,000,000 in this part of the indictment, but it is apparent that the list of crimes attached to the application for changes in the indictment in question was written as KRW 552,00,00 in the list of crimes in which the application for changes in indictment was attached, and it is correct that the total amount of damage is also KRW 552,00,00,000.

(2) have been transferred to the Corporation.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B, E, and D;

1. The complaint, each notarial deed, the decision to collect the claims, the KB Bank Account in the name of the defendant, and the SC Bank in the name of the defendant.

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