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(영문) 서울동부지방법원 2017.11.10 2017고합286
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On July 22, 2015, the Defendant introduced the Victim E, a representative director of D Co., Ltd (hereinafter “D”) via C around July 22, 2015.

On the 3rd floor of Songpa-gu Seoul Metropolitan Government F building on the same day, the Defendant requires urgent money to establish the victim’s room room 22 Dong (270 households) in the Haak-do, Chungcheongnam-do.

To issue an electronic bill of KRW 3 billion from D where the party is the representative director, it will be used to discount the bill to four capital owners on the face of the week to provide 1.5 billion won to the party and to proceed with the remaining internal business.

In addition, funds will be prepared within the due date for payment of a bill to prevent the bill, and the studio electrical construction built by the internal government will be awarded D.

“A false statement was made to the effect that it was “.”

However, there was no fact that the Defendant was running the business of building studio in the Chungcheongbuk-do, and four financial statements mentioned by the Defendant were made by the Defendant, and the Defendant himself did not have any particular occupation, and there was no property owned by the Defendant. Therefore, even if the Defendant received an electronic bill from the injured party, the amount of KRW 1.5 billion at the discount of the bill shall be paid to the victim, the remaining amount of KRW 1.5 billion shall be paid on behalf of the victim, and there was no intention or ability to commission studio electrical construction in D.

As above, the Defendant: (a) by deceiving the victim; and (b) on the same day from the victim, received the total of KRW 3 billion in face value 500 million from the bank account (G) in the name of the Defendant; (c) and (d) six copies of the electronic bill issued D in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E (1, 2 installments);

1. Investigation report (No. 11 No. Serial of evidence records);

1. Inquiries about details of issuance of electronic bills and inquiries about electronic bills of endorsement;

1. The application of statutes, including a written agreement on the installment use of an electronic bill, a copy of a name tag, etc., business registration certificate, cadastral map, etc., and the screen of text messages;

1. The former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Act January 6, 2016) for criminal facts.

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