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(영문) 춘천지방법원 2014.11.27 2013고단1133
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On September 6, 2011, the Defendant was sentenced to a suspended sentence of ten (10) years of imprisonment with prison labor for a crime of fraud in the Chuncheon District Court's original branch, and the said judgment became final and conclusive on February 9, 2012.

On May 7, 2010, the Defendant stated that “The victim F, who is an airbage player, was aware of the place where he would exchange foreign currency, which is an airbage player, in a foreign country, at the school Dong branch of the Korean National Bank in Gangnam-gu Seoul, Gangnam-gu, Seoul.”

However, at the time, the Defendant had been already established by collateral security, etc. in the case of the real estate owned by him, and even if the Defendant received the above investment amount from the victim, such as the monthly average expenditure of KRW 2 million for living expenses, KRW 3 million for educational expenses, KRW 4 million for bank interest, KRW 3.8 million for vehicle payments, and KRW 12.8 million for vehicle payments, the Defendant did not have any intent or ability to pay profits by investing the said amount in the main operation.

Nevertheless, the Defendant, as above, received from May 4, 201, a total of KRW 933,058,974 from that time, including by deceiving the victim and receiving KRW 150 million in cash exchanged from the victim on the same day, from that time until May 4, 2011.

Summary of Evidence

1. Legal statement of witness F;

1. A witness H and I's partial statement in court;

1. The interrogation protocol of the accused by the prosecution and the F substitute part among the interrogation protocol of the accused

1. F substitute part of the police interrogation protocol against the defendant

1. The police statement concerning F;

1. Foreign exchange account statement, deposit transaction statement, deposit account statement, register of automobiles, investigation report (Presentation of Suspect Data), investigation report (Presentation of Suspect Data), investigation report (Presentation of Suspect Data), investigation report (Refiction of the Republic of Korea), part of K's statement among investigation report (Refiction of the social officer in charge of our fact), investigation report (Attachment of Social Recording Materials Handed in the Republic of Korea), investigation report (Presentation of Document Relating to the facts of the crime) and investigation report.

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