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(영문) 청주지방법원 2015.09.11 2015고합40
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A person shall be punished by imprisonment with prison labor for not less than two years, with prison labor for not less than two years, and with prison labor for not more than eight months.

Reasons

Punishment of the crime

On November 20, 2013, the Defendant was sentenced to a suspended sentence of two years in the Cheongju District Court for criminal fraud on August 20, 2013, and the judgment became final and conclusive on the 28th of the same month.

Criminal facts

1. Around September 12, 2013, the Defendant made a false statement to the effect that “Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (based on the knowledge that the victim F, who runs a middle and high-ranking trading business, is easy at home after the surgery, and, while making a phone with the victim, the Defendant purchased a high-ranking vehicle to the customers and would sell it again to the other customers and make profits by selling it to the other customers.”

However, under the bad credit standing at the time, even if the Defendant was to bear a debt of approximately KRW 70 million for a large number of creditors, and the expenditure of interest exceeds KRW 10 million per month, and was to receive money from the victim, the Defendant was scheduled to make so-called “defensive” as follows: (a) to pay part of the money to the victim as profits; and (b) to use it for personal debt repayment; (c) so, the Defendant did not have any intent or ability to pay the profits from the purchase and sale

On September 16, 2013, the Defendant received KRW 9,00,000 from the victim to the Agricultural Cooperative Account under the name of the Defendant’s name as the second purchase price, and was corrected ex officio to the extent that there is no risk of actual disadvantage to the Defendant’s exercise of the Defendant’s right to defense, in light of the attached crime list from around that time to November 25, 2013.

Until now, 512,980,000 won was remitted over 35 times in total as shown in the attached list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

2. The criminal defendant shall make a telephone call to the victim E on February 2, 2014.

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