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(영문) 서울서부지방법원 2015.06.18 2015고정533
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On June 10, 2009, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of fraud at the Seoul Central District Court for eight months, and the judgment was finalized on June 18, 2009. On November 3, 2010, the Seoul Western District Court sentenced two years of suspension of execution to six months of imprisonment with prison labor for a crime of fraud at the Seoul Western District Court for a crime of fraud, and the judgment became final and conclusive on November 11, 201, and on July 14, 201, the Suwon District Court was sentenced to two years of suspension of execution for eight months of imprisonment with prison labor for a crime of false accusation at the Ansan Branch Branch of the Suwon District Court for eight months of imprisonment with prison labor for a crime of fraud.

The defendant is a person who was the representative director of (B) B from September 2006 to September 2009.

Around 16:00 on May 14, 2008, the Defendant made a false statement to the victim D that “The construction site for new apartment construction project in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si will be purchased, and the ownership transfer registration cost will be lent.”

However, the defendant did not have any intention or ability to return the money given or received from the victim even if he/she borrowed money from the victim because he/she did not actually purchase the construction site of the new apartment.

Around May 14, 2008, the Defendant received 25 million won from the victim to the Agricultural Cooperative Account in the name of (B)B operated by the Defendant, 5 million won to the same account on May 15, 2008, and 5 million won to the E post Office Account in the name of (E) from the victim, respectively, and acquired 35 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (second time);

1. Statement made to D by the police;

1. A copy of the contract, a copy of passbook, and a business registration certificate;

1. Previous records: Criminal records, four copies of judgment A, and previous records and results of confirmation of each disposition, and applying Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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