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(영문) 서울북부지방법원 2016.02.05 2015고합329
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant is a person who engages in the precious metal wholesale business under the trade name of Jongno-gu Seoul Metropolitan Government and 301.

On January 30, 2013, the Defendant called the victim E and received profits from this transaction.

Before the birth of the ship, I would like to help the ship to recover the damage that occurred at the time through the transaction while I think that the ship was damaged by the planning real estate in the fixed line.

As of January 31, 2013, 200 won was transferred from the victim to the bank account (Account Number:F) of the Defendant’s name on January 31, 2013. At that time, the wife received from June 2, 2014, a total of KRW 980,000,000 from 12 times in total, as shown in the list of crimes in the attached Table, from the victim.

However, even if the Defendant received money from the injured party, he thought that it will be used for debt repayment, living expenses, stock investment, etc., and he did not have the intention or ability to return the money after investing in precious metal such as Damond, etc.

Accordingly, the Defendant, by deceiving the victim, obtained the above money from the victim and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The fourth-time protocol of interrogation of the suspect against the accused (including the cross-examination);

1. Statement made by the prosecutor and the police for E;

1. Recording records;

1. A detailed statement on transactions of free savings and a detailed statement on transactions of self-reliance deposits;

1. Each letter of guarantee, precious metal trading place, each receipt, each certificate of deposit without passbook, and other certificates of deposit without passbook (number 4 through 14, 16 through 21);

1. Business registration certificate;

1. Borrowing of investment funds;

1. A receipt (the details of settlement of earnings);

1. Cmond market price table ( February 21, 2013);

1. A certified copy of register, such as a building under the name of the victim;

1. A detailed statement of entry and withdrawal (No. 29 No. 5 of the evidence list);

1. The investigation report (the name of the suspect) shall be filed with the Korean bank.

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