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(영문) 서울중앙지방법원 2018.09.13 2018고합427
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

The Defendant around August 2014, at the Gangnam-gu Seoul Metropolitan Government hotel underground coffee shop, there is a F operated in E in D buildings.

If a legitimate return is operated with the establishment of the building's underground, a stable profit may be paid by exchanging a large amount of funds in the new wall time zone from a supper where the bank becomes aware of its work.

A false statement was made that “I would distribute profits if I lend funds in order to borrow a refund suit.”

However, in fact, the defendant had the intention to use most of investment funds for personal purposes, such as gambling funds, and did not have the intention or ability to operate a normal return suit, so there was no intention or ability to pay profits to the victim.

The Defendant: (a) by deceiving the victim as above; (b) transferred KRW 1 billion to the Defendant’s account, etc. from October 7, 2014 to November 24, 2014; (c) received transfer of KRW 1 billion from December 11, 2014 to December 12, 2014; and (d) received KRW 1 billion from December 11, 2014 to December 12, 2014; and (c) the Defendant (Attorney) delivered only KRW 500 million out of the amount of damage transferred to the said account by H who manages the account in the name of G, a corporation, to the Defendant, and used the remainder KRW 500 million at will.

M. H’s assertion that the amount of damage was remitted to the Defendant immediately after the transfer of the amount of the damage was paid for his own bond obligation exceeding KRW 200 million, and H delivered all the amount of damage to

Although H’s statement is likely to be false in light of the fact that the evidence to support the statement was not presented at all, as long as H does not deny the criminal act of defraudation of KRW 500 million brought by H, as long as H received the amount of damage without the intent or ability to pay the profit, H, the intermediate sender, part of the said money.

It does not affect the establishment of crimes.

On February 2, 2015, KRW 100 million in cash and KRW 900 million in check (the nine pages of the original check) are delivered on February 2, 2015.

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