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(영문) 서울남부지방법원 2018.09.13 2018고단3018
사기
Text

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

Reasons

Punishment of the crime

The Defendant has known himself/herself as a person who provides a loan through a financial right or corporate bond market, such as a loan on security of real estate or a certificate of balance.

On June 2016, the Defendant included the victim B’s indictment, which was known to the police officer in Franman B, as “C,” but on the record, it is apparent that it was caused by mistake, and there was no connection with the Defendant’s right of defense, and thus, corrected ex officio (in the investigation process, the victim was already investigated as B). From the perspective, whether it is possible to request for proof of balance equivalent to KRW 2.2 billion in relation to the purchase of real estate in Seoul.

“On request,” the above victim stated that “the balance certificate equivalent to KRW 22 billion may be issued within three days on the face of the principal payment of KRW 30 million.”

However, the facts were that the defendant did not have the ability to prove balance equivalent to 22 billion won within 3 days as above, and that he would have received and consumed the above money for personal consumption.

Nevertheless, on July 11, 2016, the Defendant, by deceiving the victim as above, obtained a total of KRW 33 million from the victim, who received additional delivery of KRW 30,500,000 from the bank account (E) in the name of the Defendant, and KRW 33,00,000 from August 5, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the defendant, F, or B by the prosecution;

1. Statement made by the prosecution with regard to G;

1. A protocol concerning the examination of each police suspect against F, Defendant F, or B;

1. Statement made by the police against B;

1. Copy of the bankbook, investigation report (the details of the passbook sent to A, documents received, and other related data), and the details of entry and departure;

1. Application of Acts and subordinate statutes governing proof of balance;

1. Article 347(1) of the Criminal Act, which comprehensively covers the pertinent legal provisions and the choice of punishment for the crime, and Article 347(1) of the Criminal Act, and Article 347(1) of the sentence of imprisonment for the reason of sentencing, the victim is demanded by the seller to “proving the amount of money held by the seller to purchase the apartment 64 households and KRW 3

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