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(영문) 서울북부지방법원 2019.07.12 2018고단5420
사기
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 21, 2017, the Defendants were sentenced to eight months of imprisonment by fraud at the Seoul Central District Court, and each of the above judgments became final and conclusive on January 22, 2018, and March 15, 2018, respectively.

The Defendants planned to raise investment funds under the pretext of investing in the automobile mortgage loan claims business as those engaged in credit business with the trade name of "C", but the fact was not only in the situation where they could not receive a proper security from the customers who want to borrow money from their lending companies, but also in the case where they were provided with vehicle security, they did not prepare a proper parking facility building building to keep the money, and even if they were to receive the investment money, there was no good financial situation such as the payment of profits to other investors or their own benefits. Therefore, even if they were to receive the investment, even though they did not have the intent or ability to pay the agreed profits properly, the Defendants were willing to guarantee the principal and to make a high rate of 1% per month, thereby inducing investors.

Accordingly, at the victim E's house located in Dong during the Gyeonggi-gu economy around April 30, 2014, Defendant B made an investment in a financial product that manages automobile mortgage bonds to the victim, “The principal shall be guaranteed if the investment is made in the financial product that manages automobile mortgage bonds, and 1% interest income shall be paid per month. F is subscribed to, and therefore there is no problem in principal guarantee. Accordingly, the investment is made at all, because it is false, it is made an investment from the victim.” This year from the victim.

5.2. A (C) was transferred to a bank account in the name of A (GH) in the name of investment, and was transferred KRW 10 million to the said account on or around October 13 of the same year, and was transferred on or around October 14 of the same year to the said account on or around October 14 of the same year, and was transferred KRW 20 million to the said account on or around March 23, 2015.

As a result, the Defendants conspired to deception the victim and acquired a total of KRW 90 million by deceiving the victim.

Summary of Evidence

1. Defendants’ respective legal statements 1.1.

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