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(영문) 의정부지방법원 2018.04.12 2017고합370
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for three years, and Defendant B shall be punished by a fine of three million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A

A. On December 2015, the Defendant made a false statement to the effect that “The Defendant would pay the victim G a 30% profit per annum as well as the principal security when making an investment in IT business,” from F in the operation of the Defendant in the Republic of Korea, Namyang-si.

However, even if the victim received money from the victim, it was not used for the purpose of investing it in the IT business and intended to use it individually, and there was no asset in the name of the defendant in the bad credit standing, and there was no intention or ability to pay the victim the proceeds that the victim guaranteed and promised to guarantee or promised to pay for the amount of 680 million won due to financial rights and personal debts.

The Defendant, as above, was granted KRW 480,000 (hereinafter referred to as “the instant payment”) from the victim on a total of 25 occasions, as shown in the list of crimes attached hereto, from the time to December 16, 2016, including that the Defendant, by deceiving the victim and received KRW 30,000,000 from the victim as investment money, from the victim, from December 29, 2015 as well as that by December 16, 2016.

(b) No one shall transfer or take over any access medium used in electronic financial transactions, except as otherwise provided for in any other Act;

Nevertheless, on March 2014, the Defendant acquired the access media, such as a passbook (J) and password, from B at the I real estate brokerage office operated by the Defendant at the Namyang-si, Namyang-si.

2) On March 2015, the Defendant taken over the access media, such as a passbook (K), physical card, password, etc. from the F of Defendant’s operation in Namyang-si, Namyang-si.

2. Defendant B

(a) No one shall transfer or take over any access medium used in electronic financial transactions, except as otherwise provided for in any other Act;

Nevertheless, there is a need to do so.

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