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(영문) 서울북부지방법원 2016.08.18 2016고단1544
사기
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 50,000 won, and Defendant C shall be punished by a fine of 50,000 won.

Reasons

Punishment of the crime

1. On April 28, 2015, the Defendants conspired to commit the joint crime of the Defendants, and made a false statement to the victim D at the 1st floor of the headquarters located in Seongbuk-gu Seoul Metropolitan City, Sungnam-si, that “I will offer a guarantee to us if I believe that I believe that I will not be able to offer a guarantee.”

However, in fact, the Defendants did not have a certain occupation and are faced with difficulties in living due to the lack of income, and even if they received the introduction fee from the injured party as the promise, they did not have the intention or ability to grant the right to operate the restaurant within the KT.

The Defendants, as such, by deceiving the victim, received KRW 60 million from the victim to the Agricultural Cooperative Account (F) that Defendant A informed on April 29, 2015 as the introduction expense from the victim, and received KRW 10 million from the said Agricultural Cooperative Account on April 30, 2015, and acquired KRW 60 million through two occasions, such as receiving KRW 10 million from the said Agricultural Cooperative Account on April 30, 2015.

2. Defendant B, as indicated in paragraph (1) around April 30, 2015, as the introduction of the Defendant around April 30, 2015, by deceiving the victim as if the victim had obtained the right to operate the restaurant within the KT, and acquired money from the victim of the same day by remittance of KRW 1 million in cash.

3. On June 26, 2015, Defendant C, the Defendant, by telephone, told the victim that “an amount to be frighted and frighted by the shop shop occupants is changed in one million won because he/she did not know about the shop occupants,” and he/she acquired money by transfer from the victim under the pretext of introduction expenses.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D or G;

1. A copy of verifying transaction details;

1. A copy of bankbook;

1. Application of Acts and subordinate statutes on copies of receipts;

1. Defendants of the relevant legal provisions regarding criminal facts: Article 347 of the Criminal Act.

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