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(영문) 서울중앙지방법원 2014.10.30 2014고단5733
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 18, 2008, the Defendant made a false statement to the victim D's house located in Kimcheon-si, Kimcheon-si, stating that "If the Defendant loans 60 million won due to the lack of money to employ foreign instructors and expand the private teaching institute, 0.7% of the monthly interest shall be paid and until May 18, 2009." The Defendant made a false statement to the victim D's house located in Kimcheon-si, Kimcheon-si, Seoul, with an apartment and commercial building in Seoul, and the private teaching institute operated by ASEAN is also well-grounded."

However, the Defendant did not own apartment and commercial buildings in Seoul, and did not intend to borrow money necessary for the expansion of educational institutes of children, but did not want to borrow money to use for living expenses, etc., and even if the Defendant borrowed money from the victim because it was difficult for the Defendant to operate the business, he did not have any intent or ability to repay it within six months.

The Defendant, as such, by deceiving the victim, received KRW 40 million from the victim on November 18, 2008, and KRW 20 million on December 11, 2008 from the Korean bank account (Account Number: E) in the name of the Defendant respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Some statements made to the accused in the police interrogation protocol (including cross-examination);

1. Statement of D police statement;

1. A written statement;

1. A copy of a loan contract, a copy of a passbook receipt, a copy of a certificate of transfer without passbook, a copy of a certificate of transfer of another transaction, a copy of the details of the transaction with agricultural cooperatives in the name of D, a certificate of all registered matters

1. Application of investigation reports (verification of details of telephone conversations with F and details of financial transaction information) Acts and subordinate statutes;

1. The grounds for sentencing under Article 347(1) of the Criminal Code of the relevant statutory provisions for criminal facts are subject to the sentencing guidelines, and the crimes correspond to six months to one year and six months from one year and six months from one year and six months from the date of general fraud (less than 100 million won).

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