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(영문) 서울중앙지방법원 2018.10.05 2018고합802
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

The applicant's application for compensation is dismissed respectively.

Reasons

Punishment of the crime

On June 2014, the Defendant made a false statement to the victim C and the victim B using “D”, which is an Internet message, “ES goods have been put in special terms, at this time, returned the principal and interest 12% if six weeks have been paid.”

However, in fact, there was no ESS products such as the defendant's oral statement, and even if the defendant received the money from the victims, he was thought to use it for the defendant's personal debt repayment, so that there was no intention or ability to return the principal and interest of 12% to the victim.

Around August 29, 2014, the Defendant: (a) induced victims; (b) received KRW 8 million from the victim C to the Defendant’s bank account (G) around August 29, 2014; and (c) received KRW 10 million from the victim B to the said F bank account on the same day; and (d) received KRW 1,343,040,000 from August 29, 2014 to May 11, 2017, respectively, from the victim C over 61 times in total; and (b) acquired KRW 567,870,000 from the victim B to December 12, 2017, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to C and B;

1. Each complaint filed in C and B;

1. Written complaints in C and B;

1. Investigation report (a supplementary statement of reasons for the complaint), investigation report (a supplementary document submitted by C which is the complainant), investigation report (a supplementary document which is the complainant) (a supplementary document which is attached to B which is the complainant);

1. Application of Acts and subordinate statutes to the details of each particular ES data, details of each account, and the screen, details of transactions, inquiries about the loan, details of H dialogue, details of recording a Handphone after closure of each E document;

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 in question;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Crimes against Victims of heavy quality) for concurrent crimes;

1. Dismissal of an application for compensation;

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