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(영문) 서울남부지방법원 2014.04.25 2012고단1912
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

around August 2010, the Defendant came to know of the Victim F through E, which was going to the Defendant’s occupation in Dobong-gu Seoul Metropolitan Government, and suggested that “Around August 2010, the Defendant would be able to pay the interest that he has to pay to the Defendant even if he has to pay the interest that he has to pay because there are many people who need to pay in good faith.”

From that time until January 201, 201, the Defendant got approximately KRW 118,00,000,000 for the principal of the money received as a bond investment loan from the victim, and even though the victim paid interest at the interest rate of KRW 15,00 per month, the money actually in possession of the bonds is less than KRW 80,000,000,000,000, and the remaining money was used for personal purposes, such as casino gambling funds, and it was not capable of paying the interest and the principal even if the Defendant received the money for additional bonds because of the lack of ability to pay the principal and interest.

Nevertheless, the Defendant received money from the victim to pay the Defendant’s living expenses under the pretext of setting up the above bonds, and appropriated it to the Defendant’s living expenses, and received KRW 34,830,000 from that time on April 8, 2011, from that time, the Defendant received KRW 344,830,000 through 22 times as shown in the list of crimes in the separate sheet of crimes, from that time, on February 8, 2011, when he/she was able to borrow money from the Defendant’s home because he/she had been able to borrow money from the Defendant’s house because he/she was able to do so.

As above, the Defendant, by deceiving the victim, acquired the property from the victim.

Summary of Evidence

1. Each prosecutor's protocol of examination of the accused (including the F statement section);

1. Each prosecutor's statement concerning F, G, and H;

1. Investigation report (a list of funds received by a suspect A from the complainant) and investigation report (a statement of entry into and departure from the riverland of the suspect A, etc.).

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