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(영문) 울산지방법원 2019.01.17 2018고단2642
사기
Text

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

Reasons

Criminal facts

The defendant is the vice-chairperson of the corporation B, and the victim C is a person who has promoted the Liber Project of the Seongbuk-gu, Ulsan.

On April 2016, the Defendant, at the F office located in Ulsan-gun E, Ulsan-gun, showing a copy of the check of USD 60 billion issued by G Bank to the victim during consultation with the victim in relation to the above Lart project that was being promoted at the time, and “the issuer of this check is “H”. (b) On the face of the Hong Kong mobile cost to the extent of KRW 100 million, the Defendant made a false statement that “I will have the issuer invest USD 60 billion in the Lart project.”

However, in fact, the check was a fake check, and the Defendant had no experience in attracting foreign capital, and thus, the Defendant did not have any intent or ability to allow the Defendant to invest USD 60 billion in the interest of the victim in the Liberian business even if he was paid the expenses for the Hong Kong movement from the victim.

On August 30, 2016, the Defendant received KRW 30 million from the victim to the account under the name of B Co., Ltd. (I. Association andJ) designated by the Defendant on the pretext of the expenses incurred in moving Hong Kong on August 30, 2016, and received KRW 72 million in total from the Defendant’s name and the account designated by the Defendant on six occasions, such as the statement in the list of crimes in the attached Table.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A copy of each check, a detailed statement of deposit, a business plan, an agreement on joint business, and a Mesenger;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Grounds for sentencing choice of imprisonment with prison labor, Article 347(1) of the Criminal Act applicable to the relevant criminal facts;

1. Type 1 (less than KRW 100,00) is increased (one to two years, and six months, and the number of crimes is very poor).

2. Circumstances favorable to the reasons for sentencing: The defendant reflects the crime of this case, and the defendant actually acquires only a part of the money acquired through deception.

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