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(영문) 의정부지방법원 고양지원 2013.03.08 2012고단1669
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On September 11, 2009, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny at the District Court of the Republic of Korea on March 20, 2010, and completed the execution of the sentence in a prison for the Government of the Republic of Korea on March 20, 2010. On August 10, 2012, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Goyang Branch of the District Court of the Republic of Korea on August 27, 2012 and the said judgment became final

On November 17, 2010, the Defendant submitted a certificate of lease to E, the president of the said community credit cooperative, as a security of 402 FF lending 4,02 from the victim D community credit cooperative located in the Nam-gu Seoul Metropolitan City, Namwon-si, Seoul Metropolitan Government, for a loan of KRW 55,00,000,000.

However, around October 20, 2010, the Defendant entered into a sales contract with G to purchase the said F lending No. 402 from G to KRW 95 million, and decided to succeed to the lease agreement that G entered into with H. On November 1, 2010, the Defendant entered into a lease contract with H with the term of KRW 20 million as lease deposit and KRW 402 as of November 18, 2010 from November 18, 2010 to November 17, 2012.

The Defendant, by deceiving E as such, received KRW 55 million from E to a new bank account in the name of the Defendant’s designated I.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement to J;

1. A complaint;

1. A copy of the details of transactions by account, letter of delegation of loans, statement of transactions, copy of loan transaction agreement, lease certificate, copy of the details of transfer household inspection, copy of the written confirmation of a person related to debts, copy of a multi-household sales contract, or copy

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of a water audit room), previous records of disposition, results of confirmation, and application of Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The order of provisional payment;

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