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(영문) 수원지방법원 2017.08.09 2016고단7840
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. The Defendant, around June 11, 2015, is expected to start a restaurant operated by F, the Defendant’s branch of the Defendant in Mapo-gu Seoul Mapo-gu, Seoul, in a restaurant “G” operated by F, the Defendant’s branch of the Defendant, and the victim H is expected to start a restaurant with the same type of business as this and the same quality at several times.

It proposed to the effect that "it is defective in the joint operation by investing 10,000,000 UN in each of them."

However, in fact, the defendant was only about KRW 2.5 million in total of the deposit claims held by a commercial bank, and there was no other special property except for a vehicle that was seized 27.1, and there was no intention or ability to invest 10 million UN. The defendant was thought to operate a restaurant with 10 million UN, which the victim invested.

As above, the Defendant: (a) by deceiving the victim; (b) received cash 10 million from the injured party on June 27, 2015; and (c) continued to receive the transfer of UN on July 27, 2015 and July 28, 2015 as additional contributions, respectively.

2. On October 30, 2015, the Defendant: (a) agreed to return the investment money received as above with H to H; and (b) signed a written statement with H to demand H to return the original copy of the lease contract of a restaurant store as security; (c) the transferor provided by the authorized broker of the store in Suwon-gu, Suwon-si; (d) the transferor provided with the right to the above store without the signature of the transferor; and (e) granted the transferor’s signature to the transferee on the name of the transferor in the form of the transfer contract; and (e) delivered the document as if the document was duly formed.

Accordingly, for the purpose of uttering, the Defendant forged a copy of a private document, which is a private document on rights and obligations (facilities) and used a forged document.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, K, J and L;

1. Each business contract, photographic of a Handphone, certificate of remittance, computer screen;

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