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(영문) 부산지방법원 2015.12.18 2015고단5182
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of the C Farming Cooperative, which is fishery products wholesale and retail business.

On February 2, 2012, the Defendant purchased fishery products from the victim E in the coffee shop where it is impossible to know the trade name near the building in Yeongdeungpo-gu Seoul Metropolitan Government, and made a sales business to the domestic merchants. The Defendant made a false statement with the content that the difference would be 20% of the principal of the investment and the amount of the investment, and that if the investment profit paid is 180% of the principal of the investment and the amount of the investment, the Defendant would be able to fully pay the total amount of the investment principal and dividend income.

However, in fact, the Defendant was in a state of bad credit standing with overdue credit card payments at the time, and the office operating expenses were insufficient, and the Defendant failed to pay profits to other investors, so even if receiving such investment money from the victim, he attempted to pay it as profits to other senior investors or to use it as office operating expenses, and there was no intention or ability to pay investment profits through the distribution of fishery products as above to the victim.

Around March 29, 2012, around March 2012, 2012, the Defendant deceivings the victim as such, and up to 21 million won from the foreign exchange bank account under the name of the Defendant, and the same year.

30.30.00 3640,000 won in a corporate bank account in the name of F in the same business relationship with the defendant, and the same year.

4. 9. Around the same year, two million won shall be included in the above foreign exchange bank account and the same year.

5.8. Around August, 200, one million won was remitted to one bank account under the name of the Defendant and acquired 3,66.4 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Part of each prosecutor's protocol of examination of the accused

1. Statement of E;

1. A complaint and a statement of transactions;

1. Application of Acts and subordinate statutes to investigation reports (related summary orders and indictments);

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. The sentencing of Article 62(1) of the Criminal Act is suspended.

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