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(영문) 수원지방법원 2016.07.18 2014고단3586
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On September 6, 2012, the Defendant was sentenced to a suspended sentence of one year, who was sentenced to a suspended sentence of one year for a crime of fraud at a flood control center, and the said judgment was finalized on January 25, 2013. On July 17, 2013, the Defendant was sentenced to a suspended sentence of six months for a crime of fraud and was sentenced to a suspended sentence of two years on November 7, 2013 by the same court.

On December 2, 2007, the Defendant: (a) around 2007, to the victim B and the victim C, “in the event that the project cost is required for the use of broadcast stations, news vehicles, and lodging business related to the Olympic Games; (b) made an investment in money; and (c) made a profit equivalent to several times the principal on September 30, 2008.

“The purpose of “ was to make a false representation.”

However, in fact, the Defendant did not have a situation where the business related to the Olympic Games was not specifically promoted, and only had a vague expectation that it will help the business of the Defendant in the absence of the funds, and even if the victims received an investment from the victims, it was planned to lend the funds to the implementation business of the said D, and there was no intention or ability to conduct the business related to the Olympic Games.

The Defendant received KRW 10 million from the victim B to E’s deposit account on January 16, 2008, as well as transferred KRW 10 million in total on 15 occasions from around that time to August 29, 2008 as shown in attached Table 1 of the List of Crimes, and received KRW 234 million in total from the victim C to its own deposit account on January 22, 2008, and received KRW 14 million in total from around January 22, 2008 as in attached Table 2 of the List of Crimes from around that time to May 2, 2008.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Protocols of public trial in the second and fifth instances;

1. A protocol concerning the examination of suspects of D;

1. Each police statement protocol against B and C;

1. One copy of each transaction details, each copy of passbook, each transaction statement, each deposit certificate, and each transaction statement;

1. A previous conviction in judgment:

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