logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.10.30 2014고단1470
사기
Text

Defendants shall be punished by imprisonment for ten months.

However, it is against the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 2013, the Defendants made a false statement to the victim D as follows: “I wish to install a flusing flusing rain or siren at the instant coffee shop located in Seocho-gu Seoul, Seocho-gu, Seoul, while I am to start 10th century first, I am to pay KRW 40 million from the head office to install the said machine in each flusnasium and pay KRW 10 million per machine, even if it is installed at less than 10th of each month.” Unless otherwise, I am to pay the principal.”

However, the Defendants were scheduled to use a significant portion of the money to be received from the victim in a place irrelevant to the above business, and there was no intent or ability to return the principal to the victim each month.

As can be seen, the Defendants conspired to induce the victim, and the Defendants transferred 20 million won to the account in the E name on June 5, 2013, and 20 million won to the same account around June 16, 2013, and acquired 40 million won in total.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness D;

1. The defendant's partial statement in the interrogation protocol of the prosecution against the defendant A;

1. The description of the defendant's partial statement in the second police interrogation protocol against the defendant A, and the statement in D;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles 347 (1) and 30 of the Criminal Act concerning the facts constituting an offense. Article 347 (Selection of Imprisonment);

1. Article 62(1) of the Criminal Code of the Suspension of Execution (which does not seem to have a conclusive intention to the accused, the fact that the Defendants paid 40 million won to the injured party in full despite not agreed with the injured party, and other circumstances such as the circumstances leading to the commission of the crime) is sufficient to obtain investments from the injured party.

arrow