logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.07.11 2013고단5865
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On April 27, 2012, the Defendant made a false statement to the effect that “Around April 27, 2012, the Defendant would pay 2.5% interest per month if he/she lends KRW 35 million to the victim C by telephone at an unsound place.”

However, the defendant did not have any intention or ability to repay the money even if he borrowed the money from the victim because there is no particular property or income.

As above, the Defendant, by deceiving the victim, received 35 million won from the victim’s seat to the corporate bank account (D) in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

2. On June 4, 2012, the Defendant, on June 4, 2012 and the 5th of the same month, sent a phone call to the victim C at an irregular place on June 4, 2012, and paid a profit of KRW 50 million by making an investment if he/she lends KRW 60 million. Of such profit, the Defendant would pay KRW 30 million out of the profit. By September 4, 2012, which is three months later, he/she paid the principal amount of KRW 60 million, the said profit of KRW 30 million, and the said profit of KRW 35 million, and between the loans on April 27, 2012, he/she would pay the principal amount of KRW 125 million up to the total of KRW 15 million.

However, the defendant did not have any intention or ability to repay the money even if he borrowed the money from the victim because there is no particular property or income.

As above, the Defendant, by deceiving the victim and deceiving it from the victim, to the above corporate bank account under the name of the Defendant, KRW 50 million on June 4, 2013, and the same month.

5.A remittance of KRW 10 million has been received, and a total of KRW 60 million has been remitted twice.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness E and F;

1. Entry of C and G in the third protocol of trial;

1. The prosecutor's statement concerning H;

1. A statement of transactions, a payment note, and a cash storage certificate of a national bank;

1. According to each of the above evidence, an investigation report (Evidence records 253, 256) (Evidence records), the Defendant promised to pay.

arrow