logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.08.16 2017고단4446
사기
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The defendant is a person who has operated a foreign exchange and cosmetics sales business with Chinese tourists while operating a foreign exchange and cosmetics sales business in Dongdaemun-gu Seoul Metropolitan Government 204.

On 2014, while engaging in transactions with money exchange E and F for the money exchange business, the Defendant was causing more than KRW 880,000,000,000, and there was no particular property, and even if the profits through the money exchange business were to be borrowed money from the victims, there was no intention or ability to pay the principal and profits on the date of the promise by the victims.

Nevertheless, on October 12, 2015, the Defendant issued a cash loan certificate, cash custody certificate, etc. to the victim G on the following grounds: “In exchange with Chinese tourists, 150-20 million won per 100 million won per 100 million won per 100 million won per 100 million. If the Plaintiff borrowed 100 million won to B, the principal shall be paid to the State, and the principal shall be paid immediately on the day he/she wants to do so if he/she wants to do so.”

Ultimately, the Defendant, as above, by deceiving the victim as above, received a 100 million won check from the damaged party, and obtained a total of KRW 685 million from the victims on nine occasions, as shown in the list of crimes in the attached Table, such as the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to H, G, I, and J;

1. Each complaint;

1. A certificate of deposit in cash, a copy of a cash loan certificate, a copy of a passbook, and a copy of a check;

1. Application of Acts and subordinate statutes to a criminal investigation report ( telephone conversations between a complainant and a victim), a criminal investigation report ( telephone conversations between a witness I), a criminal investigation report ( telephone conversations between a complainant and a victim), and a criminal investigation report (Listening to G Statements between complainants);

1. Relevant legal provisions, Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the scope of recommendation] type 3 (50 million won) of the Criminal Act.

arrow