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(영문) 의정부지방법원 고양지원 2016.06.24 2015고단3292
사기
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 2012, the Defendant listened to the Defendant’s speech that the victim D wanted to offer a real estate security loan from a land owner C, and around that time, the Defendant stated, through C, that “Once it is identified that the victim would receive a real estate appraisal and obtain a loan, it shall pay for the appraisal cost.”

However, in fact, the Defendant was expected to consume part of the money from the injured party for the personal purpose, not for real estate appraisal, but for the personal purpose of the Defendant, and there was no intention or ability to receive a real estate mortgage loan even if he received money from the injured party, because he did not know any other person who has no career, career, or qualification with respect to real estate appraisal

Nevertheless, on July 23, 2012, the Defendant: (a) KRW 7 million from the injured party to the Agricultural Cooperative Account in the name of E on July 23, 2012; (b) KRW 1 million from the same account around the 26th day of the same month; and (c) KRW 20 million from the foreign exchange bank account in the name of the Defendant around the 30th day of the same month;

8.6. 6. Deposit of KRW 5 million with the Agricultural Cooperative Account in F name, KRW 7 million with the same account around July of the same month, and KRW 5 million with the same account around August of the same month, respectively.

Accordingly, the defendant, by deceiving the victim, obtained a total of KRW 45 million through a total of six times, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Application of Acts and subordinate statutes to the details of receipts, account transactions, copies of each passbook, certified copies of registers, accusation forms, details of account transactions, etc., individually, details of financial transactions, investigation reports (report on interview by reference persons);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the defendant has been punished for the same kind of crime several times, and in particular, the same crime is committed during the period of repeated crime, and the corresponding strict punishment should be imposed.

However, all of the defendants are crimes.

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