logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.05.08 2013고단6454
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

The fraud is not guilty.

Reasons

Punishment of the crime

Around October 28, 2009, the Defendant subscribed to three units of accounts in which KRW 5,00,000 per month was paid by the Defendant. However, the Defendant was in a bad credit position by having the Defendant pay approximately KRW 300,000 per month due to the lack of particular property and occupation, and the Defendant was unable to pay KRW 15,00,000 per month due to the lack of specific property and occupation, and around October 2009, the Defendant would pay the said money in lieu of the payment of one unit of accounts from November 28, 2009 to October 14, 2009 by having the victim pay the said money with the consent of the victim, thereby having the victim deposit KRW 60,000,000 in total under the pretext of the payment of the old unit of accounts.

Nevertheless, around September 2010, the Defendant transferred the right to the old account 14 times in which the victim paid KRW 60 million to E under the pretext of repayment of the claim against E in Gangnam-gu Seoul Cheongdamdong, Seoul, to E, thereby causing damage equivalent to KRW 60 million to the victim and acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, F, and E;

1. Each police statement made to D, F, and E;

1. Application of the Act and subordinate statutes to the suspect interrogation protocol of the defendant (including D statements)

1. The victim’s statement to the effect that the defendant, who made a judgment on the assertion of Article 355(2) and (1) of the Criminal Act regarding criminal facts, transferred his/her right to receive fraternity dues with the consent of the victim. The victim’s statement to the effect that he/she transferred at will the right of the defendant to receive fraternity dues without

According to the records, although the victim directly remitted the guidance money to F, the fact that the defendant paid the guidance money to the defendant, such as remitting the money to G account of the defendant, and the guidance F, the victim.

arrow