(영문) 서울중앙지방법원 2012.10.05 2012노1963

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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2012.10.05 2012노1963

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant did not let J and K give the victim D a warning that the possession of Seongbuk-gu Seoul Egyna (hereinafter “the instant letter”) would exceed three days, and did not transfer the possession of the instant letter to G, the building owner.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court acknowledged the fact that the Defendant, by having J and K, said that the Defendant would have taken possession of the instant letter of friendship to the victim more than three days, and even if the Defendant was transferred from the victim of the instant letter of friendship, he did not have the intent to transfer possession again to the victim more than three days. Therefore, the lower court acknowledged the fact that the Defendant, by deceiving the victim through J and K, obtained pecuniary benefits from the instant letter of friendship or possession.

Meanwhile, the Defendant asserts that he did not directly transfer the possession of the instant letter of interest to G. However, by acquiring the possession of the instant letter of interest by deceiving the victim, fraud has already been terminated, and thereafter, it is nothing more than the percentage of his own possession without transferring the possession to G.

Even if there is no influence on the establishment of fraud.

The victim had been detained in fraud, etc. on May 28, 2007 while he leased and operated the instant friendship from G from around 1998. Since that time, L, etc., a relative of the victim, operated the instant friendship.

B. Around that time, the victim was in existence of F, H (or above G’s fraud and ancillary) as a donation of the instant letter of gift from G and the instant letter of gift from G (Seoul Central District Court 2005Gahap11637). On June 21, 2007, the victim received payment of KRW 577,130,000 from F and H at the same time, while receiving payment of KRW 577,130,00 from F and H, the victim was handed over the instant letter of gift from F and H to pay KRW 203,764,130, and delay damages.

May 16, 2008

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