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(영문) 서울중앙지방법원 2014.06.13 2013고단8230
사기
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant

B On May 21, 2007, the Seoul Eastern District Court sentenced imprisonment for fraud at the Seoul Eastern District Court on May 28, 201, and completed the enforcement of the sentence on May 28, 2010.

In fact, at the time, the Defendants did not have any special property or income, and there was no plan to use the funds borrowed from the victims D for the purchase of officetels. Therefore, the Defendants did not have the intent or ability to repay the funds borrowed from the victims by means of borrowing the officetel as collateral.

Nevertheless, around February 1, 2013, the Defendants concluded that “If the Defendants borrowed KRW 20 million from the office of law firm F in Gwangjin-gu in Seoul Special Metropolitan City through G with the knowledge of Pyeongtaek, they would purchase an officetel as collateral and receive a loan as security and repay the amount of KRW 50 million until February 20, 2013.”

The Defendants conspired to deception the victim as above, and acquired a cashier's check of KRW 20 million from the victim on the same day at the same place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness D;

1. A copy of a certificate and a cashier's check;

1. Previous convictions indicated in the judgment: A criminal investigation report (a copy of the judgment attached thereto), the personal identification status, and the application of Acts and subordinate statutes of the residents inquiry;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the facts constituting an offense;

1. Defendant B from among repeated crimes: The reason for sentencing under Article 35 of the Criminal Act / [the scope of recommending punishment] Defendant A: The basic area of sentencing category 1 (less than KRW 100 million) (6 months to June 1) (the basic area of punishment of less than KRW 100 million): Defendant B: General Fraud type 1 (less than KRW 100 million) (1 to February 6) (1 to 2 years and 6 months) (the decision of sentence of a person under special relationship) / [the decision of a sentence of a person under special relationship] the Defendants deception the victim as stated in the facts charged, and did not fully repay the amount of damage.

Nevertheless, Defendant A is money laundering.

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