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(영문) 창원지방법원 2016.03.17 2015고합292
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On October 29, 2015, the Defendant was sentenced to three years of imprisonment for fraud at the Changwon District Court, and is currently pending in the appellate trial.

From around May 201 to May 201, the Defendant operated the (State)C in Changwon-si N, Changwon-si, Changwon-si to conduct the conclusion of insurance contracts as an agent.

On February 29, 2008, the Defendant would pay the interest on the second part of each month when he/she lends money to the victimO in order to require money, such as insurance agency operation expenses, etc., and he/she will pay the principal to him/her in advance if he/she is fling about two to three months in advance.

The phrase “ makes a false statement.”

However, in fact, the defendant used bonds to raise funds necessary for the operation of the company, and when the bond interest in the amount of KRW 4 million was paid each month, it was introduced as if there was an insurance product with high interest rate that does not actually exist in D and received money from D, and thus there was no intention or ability to repay the bonds even if he borrowed money from the damaged person.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received 7 million won from the victim under the name of the Defendant on the same day on the same day from the victim; (c) by deceiving the victim by the aforementioned method from February 21, 2014; and (d) wired the victim a sum of KRW 1,516,74,00,00 from the victim as stated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the victim's statement in the second and third suspect examination protocol against the defendant;

1. Statement made by the police against the victimO;

1. A certificate of borrowing, details of each account transaction, receipt of deposits without passbook, etc.;

1. Application of Acts and subordinate statutes on investigation reports (referring to the submission of relevant data, such as the details of deposits and withdrawals by complainants), and details of deposits and withdrawal;

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act (including the case) for the crime;

1. The Criminal Act for mitigation of quantity;

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