logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.04.19 2017고단5852
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 2, 2016, the Defendant: (a) graduated from the department of business management at the Seoul National University and retired from the Fund; and (b) made an independent investment in stocks, gifts, gold, exchange gains, etc., and (c) made a profit at least 5-10% of the profits.

When lending the money to be invested, 3% interest shall be paid every month, and the principal shall be repaid at any time if he talks in advance two months prior to repayment.

“False speech was made to the effect that it was “.”

However, the Defendant did not graduate from the department of business management of the Seoul National University, and did not live in the fund manager, and even if he borrowed money equivalent to KRW 500 million invested by another person due to the lack of investment return, he did not have any intent or ability to repay interest and principal as agreed upon, even if he borrowed money from the damaged person, because he did not have any intent to do so.

The Defendant, from the victim on March 9, 2016, KRW 30 million around March 9, 2016, and the same year.

5. Around 18.18. The sum of KRW 80,000,000 was remitted to the Busan Bank Account (Account Number - E) in the name of D nominated by the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to file a complaint, copy of transfer details, investigation report (Attachment of expenditure details);

1. Grounds for sentencing under Article 347 (1) of the Criminal Act (Selection of Imprisonment) of the relevant Article of the Criminal Act concerning the facts constituting an offense;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (less than KRW 100 million) in the basic area (from June to one year and six months) (the person who is subject to special sentencing)

2. Although the defendant who made a decision of sentence has led to a confession of all crimes, his mistake is divided, and he has no record of crime, this case is found in the situation where the defendant borrowed a large amount of money from his will and reported a large amount of loss after making an investment in futures.

arrow