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(영문) 서울중앙지방법원 2014.08.20 2013고단2865
사기
Text

Defendant

A Imprisonment with prison labor for five years, for two years, for two years, and for one year and six months, for Defendant C, respectively.

(b).

Reasons

Punishment of the crime

Defendant

A was sentenced to one year of imprisonment for a crime of fraud at the Seoul Central District Court on June 26, 2013, and the judgment becomes final and conclusive on September 12, 2013, and Defendant C was sentenced to three years of suspension of execution at the Seoul Central District Court on August 26, 2011, and the judgment became final and conclusive on September 3, 201, and was sentenced to five years of imprisonment for a crime of fraud at the same court on August 31, 2012 and became final and conclusive on April 26, 2013.

"2013 Highest 2865"

1. The sole criminal conduct of Defendant A;

A. A. On December 11, 2006, the Defendant: (a) obtained money from the victim G, the Defendant acquired the money from the Defendant’s corporate bank account (I) from the Defendant on December 11, 2006; (b) the Defendant, despite the absence of the intent or ability to obtain a loan of KRW 100 billion from the victim G, the Defendant acquired the money from the victim as the sum of KRW 5 million, including KRW 10 billion, from the Defendant’s corporate bank account (I), and then acquired the money from the victim to the sum of KRW 5 million, including KRW 100,000,000,000,000,000,000,000,000,000 won, from the victim’s corporate bank account (I).

(2) Around March 2007, the Defendant received a discount of KRW 45 billion from the victim although he/she did not have the intent or ability to obtain a loan of KRW 100 billion from the victim G even if he/she received money from the victim G, and he/she received the victim’s request for a discount of KRW 45 billion. It is false to say that “The victim received a discount of KRW 10 billion from the Switzerland issuance, which would reduce the transfer deposit so that he/she can obtain a loan of KRW 10 billion from the 10 billion.” This shall be obtained through the victim’s bank account on April 2, 2007; KRW 50 million on April 5, 2007; KRW 50 million on April 5, 2007; KRW 1.7 million on April 12, 2007; KRW 7.7 million on April 18, 2007; KRW 7.7 million on May 207, 2007.

(b).

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