logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.10.29 2014고단409
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On July 8, 2011, the Defendant introduced F to the victim E at the president’s office located in the third floor of the Gangnam-gu Seoul C building in Gangnam-gu, Seoul, thereby making it false to the effect that “it is necessary to have in-house children want to receive construction from Samsung Electronic. If she borrowed KRW 50 million, he/she shall pay interest on five (5) per month, and he/she shall pay in-house without paying any money after the month.”

However, the facts did not have the intention or ability to complete the payment even if they borrowed money from the victim.

The Defendant received 50,000,000 won from the victim’s seat.

2. On August 5, 2011, the Defendant made a false statement to the victim at the victim’s residence in Seocho-gu Seoul Metropolitan Government, stating that “If he/she lends money to the victim that he/she needs to engage in his/her business, he/she shall be repaid without any mold, including KRW 50,000,000,000 at the last five minutes of the month, if he/she lends money to the victim.”

However, the facts did not have the intention or ability to complete the payment even if they borrowed money from the victim.

The Defendant received a total of KRW 71,50,000,000 from the victim, i.e., KRW 24,000,00 from the victim, and received a total of KRW 71,50,000, as shown in the list of crimes in attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police statement of E;

1. Copies of passbooks; and

1. Copies of cashier's checks;

1. Application of Acts and subordinate statutes governing cash custody;

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the choice of punishment, grounds for sentencing of sentence [the scope of recommendation] general fraud and the basic area (one to four years) (one hundred million won and more, and less than five hundred million won) of the basic area (one to four years) of punishment is favorable.

However, considering the fact that the amount of fraud is high, the damage is not recovered, the fact that there is no agreement with the victim, the fact that there has been several punishments for the same crime, and other various sentencing conditions such as the defendant's age, environment, circumstances of the crime, and the circumstances after the crime, it is the same as the order.

arrow