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(영문) 서울중앙지방법원 2016.02.18 2014고단7079
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

From around 2010, the Defendant was a person who had been working in the office of president in C, and the victim D and the victim E are a person who has been working in the same business.

On September 5, 2011, the Defendant made a false statement to the effect that “The victims are responsible for the implementation of the new construction project of the Seo-gu, Seo-gu, Busan, Seo-gu, Seo-gu, Seoul, and Seo-gu, Seo-gu, Seoul, for the implementation of the new project of the current Gyeonggi-do, and neighboring living facilities,” and that “The total amount of KRW 1 billion is transferred to all the right to implement the project on the face of the week.”

However, there was a fact that C, around January 16, 2010, waived the above business implementation right and submitted a letter of waiver of the business implementation right to G, a construction owner, and around that time, the business operator was changed to a b&S LA Co., Ltd. in the trust ledger, and even if receiving money from the victims, the Defendant did not have any intent or ability to transfer the business implementation right to the victims.

Nevertheless, on September 5, 201, the Defendant received KRW 50 million from the victim E to the foreign exchange bank account under the name of the Defendant’s father, as down payment, from the victim E, and received KRW 100 million from the said account as part payment around October 5 of the same year.

Accordingly, the defendant was given a total of KRW 150 million by deceiving the victims.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Statement made by witnesses D and I in the third public trial protocol;

1. Statement made to the prosecution by the J (including the parts of the statement made by D and I);

1. Statement of the police statement to G (including I's statement part);

1. Inquiry into an agreement, a business plan, a detailed statement of transaction by account, and details of transfer;

1. A list of changes to the trust ledger and trust ledger;

1. Waiver of business agreements, application of statutes on business schedule;

1. Relevant legal provisions on criminal facts and the circumstances unfavorable to the reasons for sentencing (the choice of imprisonment) of Article 347(1) of the Criminal Act regarding the choice of punishment for the crime - the amount obtained by deceiving victims and deceiving them is KRW 150 million.

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