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(영문) 의정부지방법원 2016.08.24 2016고단2550
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In collusion with C, even though the Defendant did not have the intent or ability to take over the officetel's operating authority from the Ethypt Co., Ltd., which was planning to construct an officetel on the site D site of the Gu Government, the Defendant, as if the funds are necessary to take over the above officetel's operating authority, by deceiving the victim F to borrow money from the damaged party as the acquisition price for the right of execution and divided it.

Accordingly, on October 14, 2014, the Defendant and C received KRW 100 million from the J-registered National Bank Account (Account Number:K) to the victim F to “I notarial Office” prior to G located in G at the Government of the Gu around October 14, 2014, “on the loan of KRW 100 million, to use it as the above payment for the acquisition fund of the right to execute the officetel, and to pay 5% interest every month.” The Defendant and C received from the victim the remittance of KRW 100 million from the J-registered National Bank Account (Account Number:K).

Summary of Evidence

1. Defendant’s legal statement

1. A protocol concerning the interrogation of the suspect against the accused (including F testimony);

1. Second-time protocol concerning L, examination of suspects of the police;

1. Three-time suspect examination protocol concerning L (including the statements of the accused and the F)

1. Statement made by the prosecution against the F;

1. Each police statement made with respect to F, M, or N;

1. Each investigation report (report on the results of execution of a warrant of search and seizure, and search and seizure, of the representative director of the E company -C, the details of tracking accounts A, the details of J account used, and the details of A account transactions);

1. The application of Acts and subordinate statutes, such as a loan certificate, process certificate, contract for sale in lots, certificate of confirmation of transfer, certified copy of register, text and photograph, written statement of execution, contract for transfer by a corporation, statement of performance and proof of contents

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the facts of a crime;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order [the scope of recommendation] is the general fraud type 2 (at least KRW 100 million, less than KRW 500 million), the mitigation area (from October to February 6), the mitigation area (the person who is specially mitigated) [the person who is subject to special mitigation] was not punished, or a considerable damage was recovered.

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