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(영문) 서울남부지방법원 2014.10.22 2014고단285
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On December 12, 2013, the Defendant was sentenced to a suspended sentence of ten (10) years for criminal fraud at the Seoul Southern District Court (Seoul Southern District Court). On April 22, 2014, the said judgment became final and conclusive.

Criminal facts

Around June 2012, the Defendant called the victim B by phoneing to the lower court in Seoul and below, and saying, “When the pentine attached to Jeju-do is completed immediately, the Defendant would transfer the said pentine in the name of 200 million won, instead of notarial deed prepared on February 23, 2011. Not receiving this pentine, the Defendant would have 5 years and 10 years elapsed until the said pentine was reduced.” The Defendant told the public corporation’s husbands to provide support by holding a meeting.”

However, the facts were that the E pention, which is owned by three owners, such as Dong, Seopo-si, Sungpo-si, Sungpo-si, Sungpo-si, was completed on May 2012 and started its business. The Defendant had no intention or ability to transfer the ownership of one of the above pention even if he did not have invested in the above pention and received the payment for the construction work from the victim.

Nevertheless, the Defendant, “The additional construction cost is required to be added,” “The advertisement cost is required to be placed in advance for the pentnation,” and “the completion inspection is not immediately separated. To change the name, gift tax shall be paid to the victim.” It was issued from the victim on June 20, 2012, KRW 700,000,000 on July 23, 2012; KRW 200,000,000 on August 27, 2012; KRW 200,000,000 on September 7, 2012; KRW 500,000 on September 11, 2012; and KRW 300,000,000 on September 4, 2012; and KRW 300,000,000 on September 3, 209;

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

Summary of Evidence

1. A protocol concerning the suspect examination of some of the accused;

1. Protocol of each prosecutor's statement concerning B and protocol of the police's statement;

1. A complaint;

1. A report on investigation;

1. Investigation report (report on hearing of the F statement of witnesses);

1. The details of the agricultural bank account transactions 1.

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