logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2013.06.27 2012고단4822
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around May 23, 2007, the Defendant, via C, a fraud, concluded that “A loan from Namyang E is set up, and if a loan of KRW 100 million is borrowed, the Defendant would return KRW 200 million after 27 months.”

However, the fact was the stage of purchasing land E at the time of Namyang-si, and the defendant did not have any specific property, and there was no clear repayment method to return KRW 200 million after 27 months since the fact that there was no specific property to the defendant.

The Defendant, by deceiving the victim as such, received KRW 100 million from the victim’s account under the above C’s name on May 23, 2007.

Summary of Evidence

1. Partial statement of the defendant;

1. On May 23, 2007, the defense counsel regarding the prosecutor's interrogation protocol (including D's statement portion) of the prosecutor's interrogation protocol against C, the defendant was not the defendant but the person who agreed to return KRW 200 million at the time of attracting investment of KRW 100 million from the victim at the time of May 23, 2007, and the defendant entered into a return agreement on September 7, 2007 with the victim on September 7, 2007, and therefore, it cannot be deemed that the payment of KRW 100 million was due to the defendant's deception or that there was a criminal intent

However, according to the above evidence, it is acknowledged that C would offer a proposal to pay twice the loan to the victim in accordance with the direction of the defendant, a mother, and borrowed KRW 100 million from the victim, and immediately thereafter deposited the above money in the passbook in the name of F Co., Ltd. operated by the defendant. According to the above facts of recognition, although the defendant was not directly contacted with the victim at the time of receiving the above KRW 100 million from the victim, if the defendant lent KRW 100 million to the victim through fraud C, the amount of the loan will be paid as much as

‘I' and due to C, I received KRW 100 million from the victim through C.

(c).

arrow