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(영문) 수원지방법원 성남지원 2017.10.18 2017고단2217
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 21, 2016, the Defendant would have the victim E, a vice-chairperson of the Seoul Jung-gu Seoul Central District Court, loaned KRW 15 billion to the victim E, a corporation D, as the collateral of H, and five (2.50,000,000,000,000,000 won, to make an investment in the main apartment business of the Mapo-gu Seoul Mapo-gu Seoul Central District Court, which was interrupted by the Plaintiff F, a corporation D, as the main apartment business.

For a loan, 200 million won is being prepared, such as appraisal expenses for the place of the above maritime hotel business, and there is a person who promised to pay the above amount until June 30, 2016.

At present, 20 million won should be paid in advance on the side of the Appraisal Board at the basic appraisal cost, and it will be paid up until June 30, 2016 on the loan of money.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not intend to use the said money as a repayment for the Defendant’s obligation to I who is the Defendant’s creditor, and did not intend to use the said money as a collateral for the said maritime hotel business site, such as appraisal fees. At the time, the Defendant did not have any particular property or income and did not have any intent or ability to repay the said borrowed money.

Defendant deceiving the victim as above and caused the victim to transfer KRW 2 million to a new bank account in the name of I as a result of appraisal of the business territory of the sea hotel on the same day from the victim, and acquired KRW 15 million in total by obtaining delivery of KRW 13 million on June 22, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against J;

1. Statement made by the police for E;

1. A copy of a check in his/her front, a copy of a receipt, and details of transactions;

1. A certified copy of corporate registry, or a certified copy of land registry;

1. Application of Acts and subordinate statutes to a investigation report (the case of a presenter on his own front check, and I and telephone call);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act:

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