logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.27 2016고합1200 (1)
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

Part of the facts charged in the indictment was revised to the extent that it does not harm the defendant's right to defense and the identity of the facts charged.

On November 11, 2016, the Defendant was sentenced to a suspended sentence of three years for fraud, etc. at the Seoul Central District Court on one year and six months, and the judgment became final and conclusive on April 15, 2017.

Criminal facts

1. On February 2, 2009, the Defendant, F, and G related to the acquisition fund, the Defendant, and F, of the Defendant and F, of the victim H clan I (hereinafter “E”) at the mutual infinite coffee shop located in Gangnam-gu Seoul Metropolitan Government Samsungdong. The victim H clan representative of the victim H clan (hereinafter “E”), who received a loan with real property as collateral, issued bills in the name of the company, notarial deeds, and repaid the borrowed money after listing E, and the funds for the creation of family funeral will also be provided free of charge.

“A false statement” was made.

However, the defendant, F, and G did not think that they will use the money borrowed from the defendant as E acceptance fund, and there was no fact that the E representative director consented to the issuance of bills from the J of the E representative director, and even if they borrowed money from the injured party, they did not have the intention or ability to repay it.

The Defendant, F, and G received from the injured party the delivery of KRW 150 million on March 11, 2009, and KRW 150 million on March 12, 2009, as F, in the name of one bank account (K).

On March 11, 2009, the injured party's species borrowed KRW 300 million from the bondholder M as collateral and lent it to F, etc., and M transferred the said money to F's account directly.

2. Around March 23, 2009, the Defendant, F, and G related to L acquisition fund-related fraud Defendant, and F will pay back the borrowed money immediately if they lend additional money to I to the above victim’s representative at the instant coffee shop located in Gangnam-gu Seoul Samsungdong (hereinafter “L”) because the E company becomes difficult to do so.

“The phrase was false.”

However, the facts are that the defendant, F, and G pay money from the injured party.

arrow