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(영문) 서울동부지방법원 2016.10.27 2016고합98
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On February 2, 2008, the Defendant conspiredd the victims to acquire money in the name of the right processing by misrepresenting the state public officials belonging to B, etc.

Around April 2008, the Defendant, upon such public offering, made a false statement to the effect that “B is a public official of Grade II in Cheongdae-dae.” The State Council also presided over the victim D at the time of the establishment of the street in Seongdong-gu Seoul Metropolitan City, Gangdong-gu, Seoul. The State Council is taking up KRW 137 in a foreign country at the cost of disposal of the paint (the so-called the so-called “defin money”). The stamp cost necessary for managing the said money is KRW 35 million per week. If the old money is exchanged in place, it is necessary to exchange it.”

However, the above 137 trillion won and the old money did not exist, and even if the defendant received money from the victim, he was not intended to use it as stamp, but intended to use it voluntarily with the defendant or the defendant's accomplice.

As such, the Defendant, in collusion with C, by deceiving the victim, and was provided by the victim with a total of KRW 235 million from April 18, 2008 to August 8, 2008, as stated in the attached list of crimes Nos. 1, 3, and 11.5 million.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness D or E's partial statement in court;

1. Each legal statement of witness C and F;

1. A protocol of examination of part of the defendant by prosecution;

1. The prosecutor's statement concerning the F;

1. Partial statement of D in the police interrogation protocol of the accused;

1. Each part of the police statement concerning D;

1. Each investigation report (Attachment of the same kind of judgment to a suspect, and a copy of case records while pending trial);

1. Application of Acts and subordinate statutes to contain some of the details of transactions, details of account transactions, copies of written statements made D, copies of each part of the trial records (Attachment to the protocol of examination of witnesses), and written complaints;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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