logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2013.09.04 2013고단1436
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

Around May 2010, the Defendant made a false statement to the effect that “The Defendant would give the principal and profit to the victim C with a card terminal business, because the Defendant is well doing business and the principal is guaranteed due to the well-being of the business.”

However, there was no fact that the credit card terminal business was operated, and there was no intention or ability to pay the principal and profit normally even if the victim received the investment money from the victim as a living expense.

As above, on July 7, 2010, the Defendant: (a) by deceiving the victim; (b) obtained a bank passbook in the name of father D of the victim who caused the balance of the passbook 160,321,699; (c) obtained 32 million won in the deposit account in the name of E designated by the Defendant on June 9, 201; and (d) obtained 8 million won in the deposit account in the name of F designated by the Defendant on June 10, 201, and acquired 200,321,69 won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to certificates of deposit transactions;

1. The crime of this case in the corresponding Article of the relevant criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, and the reason for sentencing the sentence of imprisonment is that the defendant acquired 160 million won from the victim by means of the card terminal business from the victim, and then acquired 40 million won in addition to paying profits to the victim as if the above business that did not run is well-grounded, and the crime is not good, and the amount acquired by the defendant is more than 20 million won, and the damage is not paid up until now. Meanwhile, the defendant paid 10 million won in money to the victim on several occasions under the pretext of profits, the defendant has no record of punishment for the same kind of crime, and other facts.

arrow