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(영문) 서울남부지방법원 2012.09.06 2012고합146
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant, as a family owner, has no other income than KRW 2.5 million from her husband's monthly income, and the defendant has to pay at least KRW 30 million from 30,000 to 40,000 per month with interest on the defendant's personal debt of KRW 515,00,000, and even if he borrows money from others, there was no intention or ability to pay it.

Nevertheless, on July 11, 2011, the Defendant made a false statement to the victim E who was aware of in the D elementary school parents' meeting with children on July 11, 201, to the effect that “if a person makes an investment to a bond company in which he/she invests, he/she may receive 5% interest on the seven days, he/she would make an investment.”

The Defendant, as such, by deceiving the victim, received KRW 10 million from the victim under his/her name as investment money.

After the same year, the Defendant

7. 15.15. The prosecutor, as stated in the list of crimes in the separate sheet, charged the victim KRW 56,975,773 in the name of repayment of principal and interest on the borrowed money between the above date and November 4, 195. However, although the defendant charged the victim with the principal and interest amount of KRW 278,190,00 in the name of the principal and interest payment, the amount that the defendant paid to the victim as the principal and interest payment is the total amount of KRW 566,975,773.

In paying a reasonable amount, the prosecutor of 79,03,51 won totaling 77 times is charged to KRW 799,183,551 won, but the calculation error seems to have been calculated.

(2) The person received the loan as the borrowed money and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each prosecutor's protocol of examination of the accused;

1. Original copy of a notarial deed;

1. A specification of transactions in a single bank and a specification of transactions in a national bank;

1. The submission of documents on financial transaction and documents on financial transaction information shall be made in accordance with statutes;

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