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(영문) 서울중앙지방법원 2015.08.13 2015고단1615
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The Defendant is a person who was appointed and worked as a director in-house director on June 17, 201.

around July 15, 2011, the Defendant: “E” located in Gangnam-gu Seoul, Seoul; (b) by deceiving the Victim F to the effect that “The funds to establish welfare facilities for the aged enter the United States of America with KRW 5 million on the land outside Jincheon-gun, Jincheon-gun, and 2,000,000,000 from August 15, 201; and (c) by borrowing KRW 100,000,000,000 from the above American funds until September 30, 2011, the Defendant would pay KRW 200,000,000,000 to the Defendant’s financial account in the name of each of the Defendant, each of which was provided by the victim with each of the following amounts: (a) if the payment was not made by the aforementioned date, the Defendant would have to pay KRW 100,000,000,000 to the Defendant’s apartment housing located in J-gu.

However, a loan from the U.S. is not a final and conclusive loan of 55 million won for the establishment of welfare facilities for the aged, and even if the loan is actually made, the defendant could not use the loan at will, and the apartment house located in Ansan-gu is not a ownership of the defendant, but a lease contract is made by the defendant, and there was no special property owned by the defendant, so even if the loan from the victim was borrowed from the victim, there was no intention or ability to pay 200 million won to the victim by September 30, 201.

After all, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. The defendant and his defense counsel asserted that they had no intention to commit fraud at the time of committing the crime, such as a certificate of confirmation of each political party transfer, inquiry about liquidity transaction details, and a copy of the apartment charter contract;

However, in full view of the following circumstances: (a) the Defendant’s history before and after the instant crime was committed; (b) the details of deception; (c) the process in which money was paid; and (d) the relationship with the victim.

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