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(영문) 서울서부지방법원 2017.03.24 2016고단3971
사기
Text

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

The defendant will pay 81 million won to the applicant through fraud.

Reasons

Punishment of the crime

The Defendant, from August 2006 to the end of the end of 2012, worked as an insurance designer in ING life insurance from around 2006 to the end of the end of 201, had the victim C, who was a customer, performed an insurance design and entered into a close relationship with the victim C.

On June 27, 2011, the Defendant called the victim at a closed place, and called the victim in a foreign country to engage in corporate mergers and acquisitions abroad, and collected investment money.

In order to deposit the money to be invested in the business with B, it will be possible to make an investment in the company.

The principal is guaranteed clearly and the interest of 6 to 10% per month is paid.

However, in fact, the defendant was planned to use the money received from the injured party for the purpose of paying the individual debt and living expenses, and thus there was no intention or ability to guarantee the principal and interest by investing in the corporate merger business.

On June 28, 2011, the Defendant: (a) by deceiving the victim as above; (b) received 4 million won from the victim under the name of the Defendant to the Cit Bank account in the name of the Defendant; and (c) received 81 million won in total over 13 times from around that time to December 26, 2011, as stated in the crime sight table, and acquired by transfer from around 201 to December 26, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes governing deposit-related detailed statement of the complainant's bank account, cash custody certificate ( January 24, 2013), and deposit-related detailed statement, mailbook, loan certificate, process deed, original copy, promissory note, and Kakao Stockholm, sent by A to the complainant;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Reasons for sentencing under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases Concerning the citement of Compensation Orders and the Promotion, etc. of Provisional Execution Lawsuit [the scope of the recommended punishment] In general fraud, there is no basic area (six months to one year and six months) (the person who is subject to special sentencing) [the person who is subject to special sentencing] [the determination of the sentence] favorable to the general fraud.

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