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(영문) 의정부지방법원 2018.11.22 2018고합254
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On May 1, 2016, the Defendant held office for each shop from the original lessee of the stores in subway stations, such as D, to the victim AF at a trade in French coffee shop located in Gyeyang-gu Incheon (hereinafter referred to as Gyeyang-gu, Incheon, and received a monthly rent from other merchants once again, the Defendant has a lot of profits.

There are 19 subway stations that manage this formula, and if the investment is made, monthly profits of 10% compared to the principal of the investment will be paid in four equal annual installments over the fourth week of each month, and all the principal of the investment will be returned within one month.

“.....”

However, there was no store managed by the defendant, and there was a plan to use the remaining investment money in personal debt repayment or living expenses when partially returning the money from the damaged person as profit, and there was no intention or ability to return all the principal of the investment or to pay the profit.

Nevertheless, the Defendant: (a) by deceiving the victim and deceiving the victim on May 4, 2016; and (b) transferred KRW 6,500,000 to the Defendant’s corporate bank’s deposit account as investment money on May 4, 2016; and (c) and (d) received a total of KRW 664,50,000 from around that time to July 30, 2016 under the same name as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to AF;

1. A list of financial transactions;

1. Account transactions (A);

1. Application of Acts and subordinate statutes to a criminal investigation report (Analysis of details of account transactions), investigation report (verification of sources of investment funds), and investigation report;

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act concerning the crime;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general fraud.

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