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(영문) 서울동부지방법원 2018.08.16 2017고단875
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and the victim B were between the D Work Dong Fee Co., Ltd. in Yeongdeungpo-gu Seoul Metropolitan Government.

On November 11, 2012, the Defendant stated that “The Defendant, at the instant D office’s infinite coffee, made a false representation on the victim’s money play at a high interest rate against the Defendant, including by illegally prescribing and taking nutritions, reduction drugs, etc. against the Plaintiff, etc., and by deceiving for profit-making persons, he/she would use the money play and give three-yearly interest per month when lending money.”

However, in fact, the Defendant was thought to use the money from the victim of the damage as the main place of "E", which is the Gangnam high-class amusement business establishment in Gangnam high-class, as the main place of "E", or as the main place of "E", and did not intend to make an investment, such as lending the money to the son, etc., and there was no intention to make an investment. At the time, there was no ability to pay the interest of 3 to 5% per month to the victim without any separate investment.

Nevertheless, the Defendant, as well as by deceiving the said victim and receiving transfer of KRW 20 million from the victim, on November 12, 2012, the Defendant was transferred each by the same method as follows: (a) KRW 28.5 million on November 16, 2012; (b) KRW 5.5 million on December 5, 2012; (c) KRW 97 million on February 15, 2013; and (d) KRW 145 million on February 14, 2013; and (e) KRW 7.5 million on March 5, 2013 (interest rate of KRW 5%).

Accordingly, the Defendant acquired a total of KRW 387 million from the injured party on a total of six occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B, F, G, and H;

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. A protocol concerning the examination of suspect of some police officers against the defendant (including the part concerning B's statement);

1. Statement made by the police against B;

1. Details of deposit transactions, account transactions, details of use of credit cards, etc.;

1. Details of use of credit cards and a detailed statement of use of credit cards;

1. The defendant and the defense counsel have borrowed money from the complainant, but the complainant.

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