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(영문) 부산지방법원 2013.10.25 2013고합394
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. Around March 3, 2008, the Defendant made a false statement to the effect that “Around March 3, 2008, the Defendant would be given an opportunity to invest USD 100,000 in importing crude oil and natural resources from Veneelel with a policy on diversification of imports of petroleum” to the victim H and I.

However, there was no intention or ability to pay the victims earnings through the above business.

As such, the Defendant, by deceiving the victims, received KRW 100 million from the victims to the Defendant’s new bank account (Account Number:J) around that time, and received KRW 1278,450,000 from the victims by deceiving the victims as shown in the annexed crime list throughout 18 times from May 16, 2011.

2. In violation of the Civil Execution Act, the Defendant, as the obligor of the above H, was present at the date of specification of property relations in accordance with the decision of the time limit for specification of property relations (No. 2012Kao 7168) where H, the obligee, as the obligor of the above H, was the obligor of Busan District Court.

Around 15:00 on October 22, 2012, the Defendant submitted a false list of properties that did not enter, even though 293,101 won was in three accounts of the new bank (K, L, and J).

Summary of Evidence

1. Defendant's legal statement;

1. The first protocol of interrogation of the accused at the prosecution, the second protocol of interrogation of the police suspect at the police, and the second statement of H and I;

1. Each police statement of I;

1. Each written statement of the I;

1. Application of a certified copy of the notarial deed, a copy of the transaction details of new banks, a copy of the inventory (Evidence No. 4), a copy of the e-mail sent by the suspect, a copy of the examination record of witness (case 2012 Gohap8911), a copy of the examination record of new banks (A-L), a copy of the transaction details of new banks (A-J), and a copy

1. Criminal facts;

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