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(영문) 창원지방법원 2018.10.11 2018고합37
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment with prison labor for three years and for two years, respectively.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Defendant

B has been working as a driver of the victim C, and the defendant A has been working as a driver of the LAD and has been aware of about 10 years before it.

When the Defendants need to pay money due to debt repayment, etc., Defendant A and the director of the K-gu Office of the K-gu Seoul Special Metropolitan City Development Bank Co., Ltd., followed by Defendant A to acquire money from the victims under the name of electrical construction of the K-gu Seoul Special Metropolitan City Development Bank Co., Ltd. and the cafeteria deposit money. Defendant B, around September 2017, stated that “D’s chief secretary and director will hold the cafeteria of D Kimhae-gu Factory, and 100 million won of the down payment and deposit will operate the cafeteria.”

The fact is that Defendant A was merely an operator of the KOD and was not a director of the KOD, and there was no authority to grant the right to operate the above restaurant to the victim, and Defendant B was well aware of such circumstances.

As a result, the Defendants conspired in collusion with the victim, and received KRW 30 million on October 1, 2017 from the victim to the above restaurant down payment and deposit, and KRW 70 million on November 1, 2017 of the same month from each transfer to the Defendant G bank account, and acquired KRW 100 million in total, by deceiving the victim by the same method four times until November 13, 201 of the attached crime list, such as the entry in the attached crime list, and received KRW 1190 million from the victim to the same account, or acquired it by cash.

Summary of Evidence

1. Defendants’ respective legal statements

1. The witness A’s legal statement (defendant B)

1. Protocols concerning the interrogation of suspects by each prosecutor against the Defendants;

1. Statement made by the prosecution against C;

1. Statement made by the police with H;

1. Complaints, etc.;

1. A, a copy of the name cards presented by the complainant, a remittance statement (770 million won), a transfer receipt, a text conversation between the complainant and the victims, and a suspect A.

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