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(영문) 부산지방법원 2017.12.08 2017고합333
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

In the case of each of the crimes listed in paragraph 1 of the judgment of the defendant, two years of imprisonment, and each of the crimes listed in paragraphs 2 and 3 of the judgment of the court.

Reasons

Punishment of the crime

[Criminal record] On January 28, 2016, the Defendant was sentenced to a suspended sentence of one year for fraud at the Daegu District Court, and the judgment became final and conclusive on February 5, 2016.

[Criminal facts]

1. "2017, 333";

A. The fraud Defendant, at the coffee shop, where it is difficult to know the trade name in the eongdong-dong, Busan, the Busan, on August 2016, had the victim C with “a sports soil operation company in the Philippines, and its head office in the Seoul Samsung-dong.”

B. The company’s office head is the company’s investment of KRW 50,000 per old unit of the company, and the company’s investment of KRW 10,000 per month to KRW 10-15% per month was false.

However, at the time, the Defendant thought that, at the time, the Defendant carried out the so-called “save betting” in which all the same games and betting tickets are carried out, at multiple gambling sites, such as D, E, and F, and as such, the Defendant did not have an intent or ability to invest in the company’s funds.

In addition, the above gambling site has suspended the payment of the account in order to prevent the exchange of the principal and the profit if it is discovered that the betting is carried out in the two banks, and the defendant had already been discovered in the two banks in 2015 and had the experience of suspending the payment of his own account. Therefore, if the betting is carried out in the two banks, it was aware that there is a high risk of not recovering the amount of profit, and thus there was no intention or ability to pay the high amount of profit as agreed even if he receives the investment from the damaged person.

The Defendant: (a) by deceiving the victim as above; (b) received a total of KRW 40 million from the national bank account in the name of G and a new bank account in the name of H around that time; (c) received a check of KRW 10 million; and (d) received a check from April 17, 2017, by deceiving the victims as shown in attached Table 1, and received a total of KRW 374,091,600 from that time.

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