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(영문) 서울중앙지방법원 2017.04.28 2016고합1225
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A shall be punished by imprisonment for four years, and imprisonment for three years and six months, respectively.

Reasons

Punishment of the crime

Defendant

A is a person who is the Secretary General of the so-called “E”, Defendant B is a person in a de facto marital relationship with Defendant A, and F is a person who is the President of the E.

The Defendants and F conspired to deceiving the victims G and H couple who are the will of the Defendants and the H couple in a way of exaggerationing the self-sufficiency of E with no substance and property.

Defendants, together with F, to the victims at the J coffee shop located in Songpa-gu Seoul, Songpa-gu Seoul around July 2010, the Defendants “F was the mother of the past underground economy.”

K H H, which has been holding a water tank asset

E’s reconstruction work is being undertaken.

It is intended to lend their expenses to the Foundation and pay the Foundation's registration directors with several times after re-payment of money.

“.....”

However, because E did not have its substance and assets, the Defendants and F did not have any intent or ability to comply with the above promise even if they received money from the victims.

In collusion with F, the Defendants, in collusion with the victims by deceiving them by the aforementioned method, received KRW 50 million from the victims to the new bank account in the name of the Defendant B on July 6, 2010, and acquired it by transfer, from that time, from June 10, 2013, the Defendants received a total of KRW 978,300,000 from the victims over 165 times, as stated in the list of crimes in the attached Form by the aforesaid method.

Summary of Evidence

1. Statement made by the defendant B in the first trial record;

1. Each statement of the witness G and H in the second public trial records;

1. Each part of the police and prosecutor's office examination protocol against the Defendants (including each part of the statements ofG and H)

1. Statement made by the police with respect to G, H and L;

1. Complaint;

1. Recording notes of each of the persons on June 20, 2012; the person on July 5, 2012; the person on July 9, 2012; and the person on December 17, 2012;

1. E name cards and M account numbers entered;

1. A copy of a loan certificate and a copy of a note, a copy of a promissory note, and a copy of each content;

1. G National Bank, new bank and Nonghyup Bank, respectively.

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