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(영문) 서울중앙지방법원 2013.03.14 2012고합1258
특정경제범죄가중처벌등에관한법률위반(사기)
Text

1. The defendant shall be punished by imprisonment for two years;

2. The defendant will pay 1,500,000 won to the applicant for compensation by deceit.

Reasons

Punishment of the crime

D The term “a warehouse (a warehouse that keeps property of the government or the former president, etc.)” is a person who redeems the stolen property while complying with the term “a person who takes advantage of the property,” and the Defendant is a person who takes part in the role that pretends to be a normal transaction in the process of receiving money from the re-affort. The Defendant, in collusion with D, conspired with D to obtain money from the victim C, who is a gold importer, knowing that there is KRW 2 billion of the gold revenues, thereby accessing the victim C, who is a gold importer, to take over or return the gold bars or new cards at a low price or at a warehouse that keeps the property of the government or the former president, etc., and thereby, has gathered to receive money and valuables from the victim.

Accordingly, D, at the F hotel located in Gangnam-gu Seoul, Seoul, on June 2009, made the victim enter about KRW 400,000,000 for the sample 10kg from the window and paid to the victim the amount of money that the President had confirmed the gold leader and paid from the "original". On the other hand, D, upon receiving the gold leader from the "head of the seed (the manager of the seed)", the head of the fund who knew of the gold leader, the head of the fund will be paid a few million won so that he/she can verify whether the goods of the "original" are the goods of the "original" and take over the entire goods of the "original". The money will be prepared.

1. Around July 9, 2009, the Defendant and D made a false statement to the victim in the G located in Jongno-gu Seoul Metropolitan Government, stating that “The check issued in the name of the president is not traded in a “original”, and the passbook was put in the passbook at H’s personnel Dong branch of Han Bank, one bank, and then the passbook was received in a “original” and then the passbook was removed later. The Defendant and D received KRW 500 million from the victim’s bank to the above H’s passbook, and on February 1, 2009.”

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