logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2012.10.25 2012고단655
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

C was asked in advance to the effect that “F” in the name of “F” in the operation of the Defendant in Pyeongtaek-si on September 2010, 2010, the Defendant made a prior request to the effect that “only as if he/she was the victim and was the fake bail” was the price of a fake bail.

Then, around September 15, 2010, C made a false statement to the above “F” as follows: (a) through the Defendant as seen earlier before the victim was found to have been appraised as a straw bail amounting to KRW 57 million as if C had been on bail; and (b) again, the victim would pay interest of KRW 1 million per month if C lent precious metal as security to the victim.

However, in fact, most of the bail provided as security did not have value of 57 million won as fake bail, and C did not have intent or ability to complete payment even if it borrowed money from the victim, C received 30 million won as a borrowed money from the victim and obtained it from the victim.

The Defendant, within the aforesaid “F” around September 15, 2010, made it easy for C to commit the crime of fraud by impairing the appraisal as if C was a fake bail upon C’s request when acquiring money from the victim D.

Accordingly, the Defendant aided and abetted C’s fraud crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each prosecutor's interrogation protocol concerning C;

1. Application of Acts and subordinate statutes on written statements by prosecution concerning D;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 32 (1) of the Criminal Act concerning the choice of criminal facts;

1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Sentencing Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be imposed.

arrow