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(영문) 울산지방법원 2015.04.03 2014고단3434
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On June 2013, 2013, the Defendant made a joint investment in order to jointly perform a 'brine treatment place' to the victim E at a brine Habbbb in Da, Sin Han-si. The Defendant was able to operate a business with a total of KRW 80 million by making an investment of KRW 20 million each of four persons. If 20 million is invested, the Defendant may be punished with a total of KRW 3 million per month.

“The Court made the decision.”

However, in fact, the Defendant did not have any funds to jointly invest in the business of the massage treatment center, and even if he received money from the victim for the purpose of investment, he was thought to use some of the Defendant's living expenses, debt repayment, etc., and actually invested in the business of the massage treatment center and did not have any intention or ability to make the victim gain a profit of KRW 3 million per month.

Nevertheless, the Defendant, as above, was the victim, and 17 million won was transferred to the Agricultural Cooperative Account in F’s name on June 19, 2013 from the victim, and 3 million won was transferred to the same account on or around the 28th day of the same month, and acquired 20 million won in total.

2. On June 30, 2013, the Defendant called the above victim at a place unclaimed place and received 35,755,000 won in total over 18 times from September 28, 2013, from the victim to the above F’s account by falsely stating that “on the loan of 2,00,000 won to play money in Dong Ne, he/she would be paid interest of 10% per month.” The Defendant received from the victim the remittance of KRW 2 million from tin to the account in the above F’s name, i.e., remittance from the victim, from September 28, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police interrogation of the accused (including parts of the E’s statement);

1. Statement of the police statement of E;

1. The details of remittance confirmed by a criminal suspect to a complainant, such as a complaint, specification of transactions, authentic copy of notarial deed, and inquiry of E-mail, FFC Account transactions, AFFC transactions, A community credit cooperatives transactions, G agricultural bank accounts transactions, details of payment settlement, details of remittance submitted by the criminal suspect, details of remittance from G to the complainant;

1.Each.

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