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(영문) 서울서부지방법원 2017.10.26 2017고단1250
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around June 2014, the Defendant, within the towing vehicle of the victim C in the atmosphere near the World Cup 240, the World Cup in Mapo-gu Seoul Metropolitan Government, as of the end of June, 2014, made an investment in the Defendant to create a site mediating the transaction of the items, and to pay profits through the brokerage and the operation of the type of items, 30% of the profits, and to pay the principal at any time when it is demanded to change the amount.

“.....”

However, in fact, the defendant was in a situation where he was required to pay high interest by lending approximately KRW 120 million out of KRW 170,000,000,000 from the business funds to the private financing, private financing, and bonds, etc., and at the time of borrowing money from the damaged party, it is not clear whether the profit is generated since it was the preparatory stage for the business at the time of receiving the money from the damaged party. As the actual development of the program was delayed, there was no intention or ability to pay for the agreed principal or profit even if he received the money from the damaged party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) around July 2, 2014 from the victim, the Defendant: (c) around July 2, 2014, up to KRW 14 million from the Defendant’s new bank account; (d) the same year;

8.10,000 won, 1100,000 won, from the new bank account of the defendant,

8. 12. The Defendant received each remittance of KRW 13.9 million to the Defendant’s new bank account, and acquired a total of KRW 29 million on three occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Complaint;

1. Application of Acts and subordinate statutes to the details of the entry into, withdrawal from, and withdrawal from, a national bank (suspect A), the details of the entry into, and withdrawal from a new bank (suspect A), and the details of account transfer;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is the case where the mitigation area (one month to one year) (one year from January to one year) of the mitigated area (the special mitigated person] of Article 62(1) of the Criminal Act, or the case where considerable damage was restored.

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