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(영문) 의정부지방법원 2017.11.29 2016고단3613
사기
Text

Defendants shall be punished by imprisonment for six months.

However, the above judgment against the Defendants for two years from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendants are those engaged in the distribution business in the form of E and Dong business.

Defendant

B as business funds are urgently needed, it shall not be lent to Defendant A with a loan from a person who is F and has not been repaid due to the loan of money. The same shall not apply to the loan made by Defendant A.

In addition, the Defendant A accepted the loan of money from N. N. N. N. L., and Defendant A accepted it.

Defendant

A, on December 12, 2014, at the “H” office located in Namyang-si, Namyang-si, called “A” to the victim F, “I will pay to the victim F within 2-3 days from the loan of KRW 20 million as the amount of funds to purchase the so-called “I will pay to the shopping mall.”

However, in fact, Defendant A did not intend to use it as the purchase fund for the borrowed loan, but rather, Defendant B did not have the ability to repay it within the agreed time, even if the Defendants borrowed money from the damaged party.

Defendant

A received KRW 20 million from the injured party to the corporate bank account in the name of the Defendant A used by the Defendant A, and immediately remitted KRW 20 million to the national bank account in the name of the Defendant B, through a new bank account in the name of the J used by the Defendant B.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. Legal statement of witness F;

1. Partial statement of the witness B (limited to the defendant A);

1. Details of transfer transactions and copies of bankbooks;

1. Details of text;

1. Application of Acts and subordinate statutes to investigation reports (related to the submission of copies of bankbooks);

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Articles 347(1) and 30 of the Criminal Act; and the choice of imprisonment

1. Defendants on probation: Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommendations] general fraud.

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