logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.03.18 2014고단1984
사기
Text

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

Reasons

Punishment of the crime

The Defendant concluded, around April 2012, at a coffee shop, that no trade name in Gangnam-gu Seoul (Seoul) was known, that “The Defendant entered into a fixed landing contract at Emart located in Seocheon-gu, Seocheon-gu, Seocheon-si, and the deposit amount of KRW 50 million is required. The Defendant would pay 2 million as interest, and return it after one year.”

However, in fact, the Defendant has been operating a static store in a low sale, and there was no particular property or revenue from the first floor of the F building of Gangseo-gu Seoul Metropolitan Government. On April 3, 2012, the Defendant entered into a contract to purchase 1,654,360,070 won from this trust, and the Defendant did not have any intent or ability to comply with the above promise on the part of the victim, because he did not appropriate the money for all of the above F building purchase money and did not use it as the above F building purchase fund.

On May 14, 2012, the Defendant received from the victim a bill of cashier's checks (G) of our bank in the same coffee shop as a loan, from the victim.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and H;

1. Second prosecutor's protocol of suspect examination of the accused (including C's statement);

1. A cash loan contract, a cash deposit contract, a cash storage certificate, a cashier's checks, a contract for lease of money to use, a receipt of the purchase price, a receipt, a full certificate of registered matters, data submitted to victims, and details of transactions;

1. Application of Acts and subordinate statutes to an investigation report (Listening to statements of a suspect and confirmation of violations of the Labor Standards Act), investigation report, and investigation report;

1. The relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, the reason for sentencing of sentence for sentencing of imprisonment [the scope of recommending sentence] general fraud.

arrow