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(영문) 서울남부지방법원 2014.11.07 2014고합174
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On October 4, 2013, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Western District Court on February 12, 2014 and the judgment became final and conclusive on February 12, 2014.

【Criminal Facts】

The defendant is the representative director of E, a company selling golf products in the third floor of Gangnam-gu Seoul Metropolitan Government DD Building.

On September 25, 2011, the Defendant made a false statement to the victim at the H office of the clothing supply company operated by the victim G in the Seoul Jung-gu Seoul Jung-gu, that “I would give payment to the victim on the day on which he promised to give the golf products, if you want to do so.”

However, the fact was that E, a corporation, has no special interest in around 201, and even though the annual sales amounting to approximately KRW 9 billion, it attempted to expand its business with intent to reach approximately KRW 7.3 billion in the amount of the bill issued, and the Defendant had no intention or ability to pay the amount even if he is supplied with the goods from the victim, such as being urged to pay the amount of the personal debt at KRW 1.1 billion on December 201.

Nevertheless, the Defendant, as such, by deceiving the victim, received a letter of golf 4,551 equivalent to a total of 310,489,080 won from the victim on the same day, i.e., a golf 40,000 won from the market price, and did not pay KRW 40,000,000, from that day until February 25, 2012, and received golfs equivalent to the total market price of KRW 929,719,820 in all five times as shown in the annexed crime list from February 25, 2012.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Documents to be attached to each written complaint and each investigation report (Evidence Nos. 2, 3, 7, 8, 11, 12, 13, 21, 27, 28, 29, 31, 34 of the evidence list);

1. Previous convictions indicated in judgment: The provisions of Acts and subordinate statutes concerning criminal records, US records and results confirmation;

1. Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 of the Criminal Act for the crime.

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