(영문) 서울남부지방법원 2019.02.15 2018고단4885

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2019.02.15 2018고단4885

사기

Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

The Defendant is the representative of “B”, who is a broker specializing in studying abroad in Germany.

On April 7, 2017, the Defendant received a phone from the victim E to ask the victim F's study abroad at the building of Yangcheon-gu Seoul Metropolitan Government and the office of the above company located in D, and directed the victim that "F would make it possible for the victim to view the entrance examination in Germany by depositing the money according to the thesis to show the details of the expenses incurred in studying abroad for e-mail."

However, in fact, from around 2016, the Defendant had little actual results or profits of the German study and performance, and there was no particular property in the name of the Defendant, while personal debt was KRW 2-30 million, and since the monthly rent of the building leased in Germany by the Defendant was a considerable amount of KRW 20 million, it was the monthly rent of the building leased in Germany, the Defendant had no intention or ability to arrange the German study in Germany even if he received money from the victim as the monthly rent of the other student’s local financial guarantee account for which the Defendant had mediated his study in Germany, and the Defendant was planned to pay the rent for the monthly rent of the building leased in Germany. Therefore, even if he received money from the victim as the expenses for studying Germany, there was no intention or ability to arrange the German study in Germany.

Nevertheless, around April 7, 2017, the Defendant, by deceiving the victim, received KRW 21,960,000 from the Defendant’s name bank account.

In addition, from around that time to April 5, 2018, the Defendant received a total of KRW 212,560,000 from 9 victims to 17 times in total as shown in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each statement made by G, E, H, I, and J in the police interrogation protocol against the accused;

1. Protocol of the police statement concerning G;

1. Each complaint filed for the preparation of E, H, K, J, I, G, and L;

1. M/N preparation.

유사 판례

-서울동부지방법원 2013.11.28 2013고단811

-인천지방법원 2015.04.23 2015고단1079

-인천지방법원 부천지원 2016.05.20 2016고합23

-청주지방법원 2021.04.30 2020고합249

-서울남부지방법원 2017.04.17 2016고단4872