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(영문) 청주지방법원 충주지원 2017.12.12 2017고단261
사기
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal record] On June 21, 2012, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court (Seoul High Court) and completed the execution of the sentence on June 1, 2014 at the Seoul Detention Center.

[2] On August 25, 2015, the Defendant conspiredd with C, and found at the office 502 E office of Songpa-gu Seoul Metropolitan Government D D D D Building, and the Defendant stated that “I will grant a loan of KRW 1.5 billion to the victim F. It is possible to grant a loan of KRW 1.5 billion. The terms and conditions of the loan will be KRW 1.35 billion prior to the lapse of one year, with a loan of KRW 1.55 billion, and shall repay the principal amount of KRW 1.5 billion after one year, with a loan certificate of KRW 1.5 billion, and notarized by preparing a notarized loan certificate of KRW 1.5 billion, and the loan fee of KRW 30 million shall be paid first.”

However, the defendant and C did not have the intention or ability to have the victim borrow 1.5 billion won even if they receive the loan fee from the injured party.

Nevertheless, the Defendant and C have received 30 million won from the victim to the Agricultural Cooperative Account (I) in the name of C around August 26, 2015, under the pretext of a loan fee from the victim, by deceiving him/her as such, and under the same year.

9.6. Around June 1, 2000 won was remitted to the K bank account (K) account of J in the name of a notarial act and received a total of KRW 35 million over twice.

Accordingly, the defendant was given property by deceiving the victim in collusion with C.

Summary of Evidence

1. Each legal statement of the defendant and C

1. A protocol concerning the examination of suspects of the accused or C by the prosecution;

1. A protocol concerning the examination of suspect by the police against the defendant or C;

1. Each police statement with respect to F or L;

1. Characteric photographs of letters sent and received between the defendant and F;

1. A complaint, and a detailed statement of transfer, of L;

1. Application of Acts and subordinate statutes of a warrant of search and seizure, a warrant of search and inspection, a report on investigation ( Results of execution of a warrant of seizure);

1. Article 347(1) of the Criminal Act in relation to the crime, Article 347(1) of the Criminal Act, Article 30 of the Criminal Act (the point of fraud), and the selection of a fine [the crime in this case is the one of the officers of the lending company.

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