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(영문) 서울중앙지방법원 2014.06.13 2014고합432
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. On October 2010, the Defendant: (a) acquired 56 copies of the share certificates of Samcheon Electronic Industries Co., Ltd. (hereinafter “instant share certificates”) in the face value of the said victim’s possession, which is the face value of the said victim’s loss of the victim, from among the police officers around the Seocho-gu Seoul Seocho-gu in Seocho-gu, Seoul, on the ground that the Defendant: (b) obtained 56 copies of the share certificates of Samcheon Electronic Industries Co., Ltd. (hereinafter “

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. Around November 10, 2010, the Defendant provided a sealed yellow bags containing the above share certificates at the office of the Co., Ltd. E, Ltd. located in Seocho-gu Seoul Metropolitan Government DD building 304, and provided the victim F with the said company share certificates equivalent to KRW 6 billion since it is economically difficult to do so. If the Defendant borrowed KRW 3 billion after offering the share certificates as security, the Defendant would return KRW 280 million borrowed in the previous year, including the principal and interest during the period, and 4 billion after six months after the maturity.”

However, in fact, the Defendant did not know the representative of Sam Young Electronic Industries Co., Ltd., and on the ground that he acquired the instant share certificates in the street, the Defendant did not have any intent or ability to repay the said share certificates, even if he borrowed the instant share certificates from the victim as collateral for the said share certificates.

Therefore, the defendant received from the victim the amount of three billion won from the seat to the lender as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Prosecutions against the Defendant, respectively.

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