logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2012.09.19 2011고단2162
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

In 2008, the Defendant invested KRW 50 million in the fund related to C, which was known through F as one of his/her own employees, as a person operating an insurance agency that D, the husband of which was registered as the representative director, while having been investing KRW 50 million in the fund related to C, which he/she became aware of through F. However, the Defendant paid KRW 25 million under the pretext of profits without any special profits.

After that, on February 15, 2010, the Defendant called the victim on the phone, and called "30 million won if he/she borrowed 130 million won, 30 million won shall be paid immediately after three months, and the remainder shall be paid only for six months. Interest on 30 million won shall be 3%, interest on 100 million won shall be 5%, interest on 100 million won shall be 3%, 5%, 3%, and 4 months thereafter, and the principal shall be paid without the mold. Because of a bill of exchange, notarial acts may only have the same effect as a cash ditch."

However, the defendant was not only liable for a debt exceeding KRW 1 billion at that time, but also liable for interest and expenses exceeding KRW 30 million every month, so even if he borrowed money from the victim, he did not have the intent or ability to pay the interest and principal as agreed even if he borrowed the money from the victim.

As above, the Defendant, by deceiving the victim, and deceiving him/her from the victim on February 24, 2010 (50 million won, including the existing debt 3.5 million won, in the case of money actually borrowed from the victim), and the same year.

3. 3. 28 million won, and the same month;

4. The remittance of KRW 2 million and KRW 50 million on November 1 of the same month was received, and the total amount of KRW 126.5 million was received, and the defrauded was acquired.

Summary of Evidence

1. Each statement of witness G, C and F in the third protocol of trial;

1. Statement of a witness H in the fourth trial record;

1. A protocol concerning the examination of the accused (including the C or F statement);

1. Statement of police statement concerning C and F;

1. A report on investigation (a copy of the decision);

1. Application of Acts and subordinate statutes to report on investigation (a copy of a written opinion);

1. Criminal facts;

arrow