logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.10.17 2012고합967
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant shall be punished by imprisonment with prison labor for the first, second, and third crimes with prison labor for three years, and a fine of two million won for the fourth crimes in the ruling.

Reasons

Punishment of the crime

[criminal power] On January 9, 2013, the Defendant was sentenced to a suspended sentence of one year on March 21, 2013 at the Seoul Southern District Court for a violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name. The judgment became final and conclusive on March 21, 2013.

【Criminal Facts】

“2012, 967”

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against Victims C;

A. On June 20, 201, the Defendant stated that “Around June 2011, the Defendant would pay interest at 1% per month and the principal shall be repaid by the end of November 2011, to the victim C who became aware of by e-mail or customer of e-mail (hereinafter “instant e-mail”), and that “A business is to purchase commercial buildings in In Incheon and to remodel it into studio for the purpose of selling them in lots.”

However, the Defendant did not think of the business of selling commercial buildings, but thought that the Defendant would use the instant friendship or operating expenses and living expenses, etc., as the accumulated winners due to the instant friendship or operation. At the time, the maximum debt amount of the right to collateral security established in the instant friendship was set at KRW 1.425 million and the lease on a deposit basis was set at KRW 150 million, which could not obtain any additional loan from a financial institution. Moreover, the Defendant did not have any intent or ability to repay the loan even if she borrowed money from the complainant because the Defendant could not borrow money due to disputes over the instant friendship or ownership.

The Defendant, as such, by deceiving the victim, received KRW 200 million from the victim.

B. On August 8, 2011, the Defendant received KRW 300 million from the said victim, and fraudulently acquired KRW 300 million from the said victim, by means of the aforementioned false means, at the (main) H office in the operation of the said victim’s building 301 in Yeongdeungpo-gu Seoul Metropolitan Government (Seoul Metropolitan Government), stating that “A loan of KRW 300 million is to be repaid without a mold by the end of January 2012.”

"2013 Gohap98"

2. The victim I.

arrow