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(영문) 수원지방법원 평택지원 2014.05.21 2014고합16
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The defendant was a person who was working as a director of corporation C, a commercial building and apartment sales executor.

On May 25, 2007, the Defendant called the victim D (the age of 29) by phone, saying, “The project related to the construction of the main complex shopping mall is in progress, and the project fund is required. If 100 million won is lent, 15% interest per month shall be paid, and the principal shall be returned within two months.”

However, the Defendant did not carry out the main shopping mall construction project in the second part, and the Defendant did not have been selected as the executor of the second part of the main shopping mall construction project performed by the E Co., Ltd., and the E Co., Ltd did not have submitted a proposal to the effect that the E Co., Ltd. will be selected as executor, so even if borrowing money from the victim, the Defendant did not have the intent or ability to pay the money received from the victim.

Nevertheless, on May 25, 2007, the Defendant, by deceiving the victim as above, received KRW 100 million from the victim to the bank account (F) in the name of the Defendant, and acquired the money by deceiving the victim in total 14 times from around that time to September 5, 2007, as shown in the attached crime list.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement D in the second suspect examination protocol (D and comparison) of the accused prepared by the police officer on the accused;

1. Each statement made by the police officer with respect to D, G and H respectively;

1. A copy of the document prepared by the defendant and each description of a copy of the loan certificate;

1. Each investigation report prepared by the prosecution (including attached documents of a report on the attachment of the certified transcript of corporate register / the details of transactions of a company bank / the report on the attachment of the details of transactions of Korean bank);

1. Statement (including attached documents) of investigation report (Attachment to the judgment of the C representative director of a stock company C) prepared by the prosecution;

1. The police;

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