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(영문) 서울중앙지방법원 2014.02.07 2013고단4931
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant did not have any special occupation at the time, and did not have any property. Around July 2006, the Plaintiff, while having been engaged in the television processing run by C, was approaching C to make an investment of KRW 2 billion to C with the knowledge that it is difficult for C to do so. On September 12, 2006, the Plaintiff entered into an agreement with C with respect to investment without giving any money to C, and was trying to receive money from C to invalidate the agreement because it did not continue to grant the agreed investment money, and there was no ability to make an investment with respect to KRW 2 billion as agreed upon to C.

At the defendant's office located in the Seoul Special Metropolitan City Gwangjin-gu from August 2006 to November, the defendant considered that "B is a person who sells shares and TV, etc.," "B is a person who sells shares," 3 billion won when waiting for only one week, 50 billion won is paid, 50 billion won will enter, work will also be sought, and the name of four house ownership can be received a large number of corporate loans from the company as a company D in the case of a company D in the K-gu Special Metropolitan City."

However, as above, the Defendant did not have any means to repay the money with the amount of KRW 3 billion, if waiting for one week.

Nevertheless, on November 13, 2006, the Defendant received from the victim the remittance of KRW 50 million to the deposit account in the name of the Japanese bank in the name of the Dispute Resolution Co., Ltd. and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. The prosecutor's protocol of interrogation of the accused (including the C's statement) (113 pages of evidence records);

1. E statement among the police interrogation protocol of the accused;

1. A complaint filed by E;

1. A copy of a receipt, a copy of a credit rating bank (A), and a copy of a promissory note.

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