logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.01.30 2017고정3607
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

around August 19, 2016, the Defendant, located in Seodaemun-gu Seoul Metropolitan Government (Seoul, the representative director D) in the office of the Dispute Resolution Co., Ltd. (Tax Free) in which the Defendant actually operates, “The Defendant is required to operate a duty-free shop business after death, and to pay money at the cost of the purchase of goods and the test cost. If an investment of KRW 50 million is made, 50,000,000,000, 50,000 shares and 50,000 shares for each month, and if opening the second store, she will be employed as the manager, she will return the principal within three months if there is no profit.

“Along with the date of the transfer of KRW 50 million to the SC Il Bank Account (Account Number:F) in the name of the said company for the purpose of investment from the injured party on the same day.

However, at the time of fact, the above company had not been in a management situation to the extent that the employee's benefits could not be paid, but had been in arrears for not less than six months, and it was thought that the company would be used as a sealed rent or employee's benefits even if it was paid by the lessor due to the situation where the lessor filed a lawsuit for the specification of the building from the lessor around June 2016, and there was no intention or ability to return the shares and earnings or the principal to the victim by operating the company normally.

Accordingly, the Defendant, as seen above, was accused of the victim and was given KRW 50 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement in E and G among the suspect interrogation protocol by the prosecution and the police (second time) against the accused;

1. Statement made by the police against D;

1. Each prosecutor and police investigation report;

1. Application of Acts and subordinate statutes to a detailed statement of transactions in each account, a copy of contract and letter of intent, a copy of passbook, and a copy of written judgment;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

arrow