logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2012.09.21 2012고정958
사기
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

When the Defendants closed the office of a certified judicial scrivener operated by Defendant A, the Defendants again decided to borrow money necessary to open the office of a certified judicial scrivener from Defendant B, a member of Defendant B.

Defendant

B Around November 2009, at the office located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, the victim stated that "if a person transfers the land without any person to another person, he/she shall have the income accrued if he/she moves the land, and may recover the land which he/she provided as security within three months since there are many days prepared within the office of a certified judicial scrivener, and only within the office of a certified judicial scrivener, he/she may recover the land that he/she provided as security." Defendant A stated that "I would pay interest instead of the opening of the office of a certified judicial scrivener and pay it within three months if he/she lends the opening of the office of a certified judicial scrivener," and Defendant B introduced the F to the victim and had the victim borrow the H land as security, which is owned by the victim.

However, in fact, the Defendants did not have any property to pay approximately KRW 36 million for funds necessary for opening a certified judicial scrivener office, such as Association registration fee and opening business expenses, and there was no special profit for the Defendants to pay the above debts with the rent and the fee for interior expenses, etc. of the above office, while there was about KRW 10 million for the above office.

In addition, Defendant A had no intention or ability to pay the money even if he borrowed money from the victim because it is difficult for Defendant A to continue to perform the judicial scrivener affairs in the state of being in detention due to the crime of occupational embezzlement.

Nevertheless, around November 4, 2009, the Defendants: (a) by deceiving the victim; (b) received 6 million won in total from the Agricultural Cooperative account in the name of Defendant A’s birth; (c) 6 million won in the same account around November 5, 2009; and (d) 13.4 million won in total from the same account around November 6, 2009 to the same account; and (c) received delivery of 13.4 million won in total from the victim.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. Defendants’ 1.

arrow