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(영문) 대전지방법원 서산지원 2016.12.22 2016고단728
사기
Text

The punishment of the accused shall be determined by ten months of imprisonment.

Reasons

Punishment of the crime

The Defendant is a person who actually runs Co., Ltd. D (hereinafter referred to as “D”) in Seosan-si and the F in Seosan-si E (hereinafter referred to as “D”).

On July 31, 2014, the Defendant, at the above office, made a false statement to the victim G and the victim H, stating that “The net profits of each month during operation of D are KRW 20 million. If the Defendant invested KRW 70 million in D, a monthly profit is paid at least KRW 6 million.” On August 1, 2014, the Defendant drafted a joint contract with the victims at the notary public JJ office located at Seosan-si I and 402.

However, as the Defendant had been operating D and F, it was difficult to generate profits equivalent to KRW 20 million per month because the Defendant had already accumulated the amount of 300 million payable at the time of the operation of D and F, and thus, it was higher to pay that amount. The Defendant did not pay global income tax of KRW 70 million at the time, and the Defendant did not have any intent or ability to pay KRW 600,000 per month to the victims even if he was able to pay part of the amount of the said amount of the said amount of the obligation with money paid from the victims, as the Defendant had been able to pay the amount of KRW 80,000 to the victims.

The Defendant, under the pretext of investment deposit, was transferred to the Agricultural Cooperative Account (K) in the name of D, KRW 30 million from the victim G around August 1, 2014, KRW 40 million around August 2, 2014, KRW 70 million in total, and KRW 50 million from the victim H around August 1, 2014, KRW 20 million around August 2, 2014, and KRW 70 million from the victim H, respectively.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to G and H;

1. G statements;

1. A certificate or details of each account transaction;

1. Anotarial deed, a statement of transactions A, a written estimate, and a written confirmation of details of transactions of deposits and withdrawals;

1. The application of statutes concerning the current status of D sales, the confirmation of financial statements, the standard financial statements certification, and the business plan;

1. Criminal facts;

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