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(영문) 수원지방법원 2018.12.07 2018고합496
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant around August 201, the victim D's residence in Gangdong-gu Seoul Metropolitan Government apartment B apartment C, and the victim is an able investor who has worked in E and has an asset management certificate.

The principal may be guaranteed and the profits may be paid if the investment is made by making investments in China's capital or paid in exchange rates, etc.

“A false representation was made.”

However, in fact, the Defendant did not pay the card price at the time and receive the small amount of loans from F, etc., and G, his father, the Defendant, was merely in charge of translation in E, and did not have acquired a certificate of asset management or been in charge of investment-related affairs. Therefore, even if the Defendant received the money from the injured party, there was no intent or ability to pay the principal or profits.

As above, the Defendant: (a) by deceiving the victim on September 26, 201; (b) received 1,88,783,400 won from the victim through the bank account (H) account in G on September 26, 201; and (c) obtained a total of KRW 1,188,783,40 as investment money over 130 times from around that time to October 28, 2015, and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Statement made to I by the police;

1. Written statements of J, K, L, and M;

1. Inquiries about certificates of deposit transactions, certificates of borrowing, and details of transactions;

1. Copy of the judgment (or improper profit-making 506321 piece of 2017) and details of search of cases;

1. The credit information of the Defendant, data submitted by the Defendant (G bank account details), and transaction details of the National Bank;

1. Application of Acts and subordinate statutes to a report on investigation (the result of execution of a warrant of search and inspection);

1. The reason for sentencing under Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act for the relevant crime;

1. The scope of applicable sentences: Imprisonment for not less than three years nor more than thirty years;

2. The sentencing criteria shall be set.

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