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(영문) 서울중앙지방법원 2015.09.11 2015고단3583
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On February 29, 2008, the Defendant, at the E Co., Ltd. office located in Gangnam-gu Seoul Metropolitan Government D4 on February 29, 2008, held the victim F with the exclusive business license to “G brand E Co., Ltd., Ltd., and there is a good store on the first floor of H department stores, making it possible to transfer the store at any time after taking over the store, as well as making it clear of business prospects. When investing KRW 230 million in cash, the Defendant would make profits more than KRW 10 million each month, and guarantee KRW 5 million each month if he will be entrusted with the entrusted operation.

However, E Co., Ltd. had already failed to pay sales profits to I at the time because it is difficult to supply food materials, such as provisional seizure from food materials suppliers, and there was no specific agreement or consultation that I would transfer the right to operate the above store from I to another person, and even if it receives investments from the victim, it did not have the intent or ability to transfer the right to operate the store or pay the profits agreed upon by the entrusted operation.

Nevertheless, by deceiving the victim as such, the Defendant received from the victim the total sum of KRW 230 million on March 5, 2008, which is KRW 200,000,000,000 from the national bank account under the name of the Defendant or in the J, which was designated by the Defendant from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of each police statement on F, I, K, and L;

1. An investment contract, a statement of performance of obligations, a statement of deposit transactions, a statement of transaction of M customer banks, a statement of transaction of passbooks under J, a statement of transaction details of savings deposits, a statement of transaction details of savings deposits, and inquiry of the Council's inquiry about the

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the Criminal Act (Fraud, choice of imprisonment with prison labor) - The scope of recommendations for the reasons for sentencing - the general fraud type 100 million won.

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