logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2013.04.24 2012고단3294
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Around August 2011, the Defendant made a false statement to the victim B, “A company has been working for an investment company and has been investing in the company individually, thereby receiving 30% profit. Around August 201, the Defendant borrowed funds to be used as investment funds, the Defendant would pay 3% to the 5% of the monthly income and return the principal of the investment at any time at the request of the principal at any time.”

However, in fact, the Defendant only did not have invested in the company in itself at the time, and even if he borrowed money from the victim, he did not intend to use it as investment money, and the Defendant actually used the money received from the victim as debt repayment and living expenses.

As such, the Defendant, by deceiving the victim, and deceiving him/her as such, to make investments from the victim on August 31, 201, and the same year.

9.7. 4 million won, and the same month;

8. A total of 45 million won, including 6 million won, 5 million won on October 19, 19, and 10 million won on January 2, 2012, was remitted to one bank account under the name of the Defendant and acquired by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements concerning the suspect examination protocol of the defendant;

1. The police statement concerning B;

1. Application of remittance details and Acts and subordinate statutes concerning transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution (the maximum amount of money obtained by the defendant shall not be exceeded 45 million won, and considering the fact that the defendant has repaid 9.120,000 won to the victim, etc.);

1. Article 62-2 (1) of the Criminal Act regarding community service order;

arrow