(영문) 서울북부지방법원 2013.10.15 2013고단1087

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2013.10.15 2013고단1087

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is the credit service provider.

The Defendant, around April 2012, at the mutual infinite coffee shop located in Yongsan-gu Seoul Metropolitan Government, knew that “the funds are needed to promote the construction of officetels” to E, the husband of the victim, “. It is necessary to obtain a loan of KRW 11.5 billion from agricultural cooperatives, and then to obtain a loan of KRW 1.5 billion for project financing (PF) at the last time, and is also connected to the construction of the city. The employees of the agricultural cooperative and the development of the city are also necessary to pay KRW 100 million. If the loan is made, 20,000 won should first be changed. If the loan is made, 4.4% of the loan is made.” The Defendant presented a copy of the head of the Tong Tong in the name of the Defendant who was deposited in the name of the head of the Tong in order to show the Defendant’s actual ability to mobilize funds.

However, the balance of the agricultural bank account presented to the above E, as well as the intention or ability to obtain a loan from the agricultural bank, was processed by lending money from the non-credit service provider to the agricultural bank and immediately withdrawing it and returning it to the non-profit credit service provider.

Around June 15, 2012, the Defendant, by deceiving the victim through the above E, obtained money of KRW 20 million from the Agricultural Cooperative Account (Account Number F) in the name of the Defendant from the victim and acquired it by deception.

Summary of Evidence

1. Legal statement of witness E and G;

1. Part of the statement of E in the suspect examination protocol against the accused;

1. Protocol of the police statement concerning G;

1. Application of the detailed statement of transactions, duplicate copy Acts and subordinate statutes;

1. The sentence of a criminal defendant shall be imposed in the same manner as the order, considering the fact that the amount of damage for reasons for sentencing under Article 347 (1) of the Criminal Act with regard to the relevant criminal facts does not specify and the damage has not been recovered, and other overall circumstances, such as the age, environment, power, and circumstances after the crime, etc. of the criminal defendant: Provided, That a statutory detention is made

참조조문

-형법 제347조 제1항

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