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(영문) 서울중앙지방법원 2014.10.24 2013고단7436
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Judgment of the court below] On February 20, 2014, the Defendant was sentenced to two and half years of imprisonment for fraud, etc. at the Seoul Central District Court on February 28, 2014, and the judgment became final and conclusive on February 28, 2014.

【Criminal Facts】

The Defendant operated the “Co. D” in Guro-gu Seoul Metropolitan Government C Building 807.

1. The Defendant was unable to make profits from the above D’s brand business so that there were no profits to be distributed to the existing investors, thereby raising new investments, and paying dividends to the existing investors. Since D’s assets are almost difficult, there was no intention or ability to complete payment even if they borrowed money from others.

On April 16, 2010, the criminal defendant against the victim E made a false statement to the victim E (the age of 55) stating that even if he/she borrowed money from the above D office on April 16, 2010, he/she would have to pay it within three months on the ground that he/she believed the lower thickness of the Egreged and borrowed KRW 5 million in lump sum.

The Defendant received KRW 5 million from the victim to the new bank account in the name of the Defendant on the same day as the loan money.

In addition, the Defendant received a total of KRW 33,089,000 from the victim on 13 occasions in total under the name of the borrowed money, as shown in attached Table 1, from May 9, 2012.

Accordingly, the defendant was given property by deceiving the victim.

B. On May 27, 201, the Defendant against the victim F was guilty.

Even if a person borrows money from another person at the same place as stated in the foregoing paragraph, the victim F (the 49-year-old) provided that “I will pay money if there is an office in Busan and the security deposit is insufficient” to the victim F (the 49-year-old).

The Defendant received 10 million won from the victim to the new bank account in the name of the Defendant on the same day as the borrowing money.

In addition, the defendant from that time on October 15, 201.

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