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(영문) 서울중앙지방법원 2016.05.24 2016고단1937
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 12, 2011, the Defendant: (a) at the mutual influent coffee specialty store located in the Yeongdong-gu, Seosan-si, Gyeonggi-si; and (b) to the victim E who was introduced through Doin D through Doin-do, “I will pay KRW 400 million on the loan of KRW 100,000,000,000.”

On the other hand, 100 million won was paid up to 10 days, and the remainder of 300 million won was paid up to the construction of the main apartment complex in Busan Metropolitan City, the Busan Metropolitan City, which is currently being promoted.

However, in fact, it was unclear whether the project will result in the failure to obtain the consent from the owners of the land to be used as the site of the above main apartment site, and even if the defendant was paid the above money from the victims, it was thought that it would be used as the defendant's entertainment cost or as the living cost to be reduced to the pre-living female with the pre-living female, and there was no intention to use it as the expenses required for the above main apartment construction project.

On June 20, 201, the Defendant received KRW 100,000 from the injured party, on the pretext of a loan, via D, a transfer of KRW 100,000 from the national bank account (F) in the name of the Defendant, and received KRW 36,00,000 in total from that to February 1, 2012 by the same method 69 times in the same manner as in the list of crimes in the attached crime.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police to G or H (including the I statement);

1. Statement made to I by the police;

1. A loan certificate, etc., details of each financial transaction, reply to a request for provision of financial transaction information, etc., details of financial transaction, and statement of withdrawal;

1. Application of Acts and subordinate statutes to investigation reports (Analysis, etc. of financial data), investigation reports (to make payment of telephone conversations and check), investigation reports (to make telephone conversations);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, and the punishment of imprisonment;

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