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(영문) 전주지방법원 군산지원 2016.03.23 2015고단1246
사기
Text

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

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

Reasons

Punishment of the crime

On August 31, 2009, the defendant is the victim D from the defendant's office located in Yasan City around August 31, 2009 as the principal of a securities company.

The Ethmore of the Ethmororore has received a large amount of money with the stocks to be paid to the Fagor in Korea.

If a person lends money to B, he/she is entitled to receive a large amount of money from him/her to receive a share investment.

In addition to interest, there is no problem that the principal is repaid when the shares held later are sold, and thus, it is called that "a loan is made with money to invest in the shares."

However, there was no person accompanying a securities company in the defendant's early course, and even if the defendant borrowed money from the injured party, the defendant merely intended to use the borrowed money for his credit card payment, and did not have any intent or ability to repay the borrowed money to the injured party through stock investment.

Ultimately, the Defendant, by deceiving the victim as such, received KRW 5 million from the Saemaul credit cooperative, such as yellow dust, etc., at the same time on the same day from the victim, and received KRW 5 million from that time until November 5, 2014, and received KRW 37,505,000 from that time on 37 occasions, such as the daily list of crimes, and received a total of KRW 41,45,60,000 from July 22, 2010 to March 30, 2015 in the same manner, such as the daily list of crimes in the attached Table (2) from July 2, 2010 to March 30, 2015, and received KRW 41,560,000 in total from the Defendant’s account under the name of the post office.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Part concerning D's statement of the police against D, and the protocol of interrogation of the police against the defendant (second time, second time, and second time)

1. Application of Acts and subordinate statutes on detailed statements of the use of Saemaul credit cooperatives, such as a certificate of detailed transactions by account for member trading (including yellow, etc. Saemaul credit cooperatives), inquiry of details of financial transactions (post offices including yellow, etc.), statement of transactions of self-reliance deposit, statement of transaction of self-reliance deposit, certificate of deposit verification, inquiry of financial transaction details, details of each account transaction, yellow, etc.;

1. Criminal facts;

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