logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2015.01.28 2013고단2938 (1)
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On December 11, 2007, the Defendant called the victim D in Yangyang-si, Namyang-si, to “The amount of KRW 1.20 billion from old right underground fund 200 billion has been lowered to B, she taken off. When taking this out, KRW 500 million has already been incurred, which has already been provided for KRW 400 million, and the remainder of KRW 100 million has been insufficient, and KRW 100 million will be paid KRW 3 billion later.”

However, in fact, the defendant did not have the old right underground funds, and there was no intention or ability to pay 3 billion won to the victim because he planned to use the money received from the victim to repay his personal debt.

As above, the Defendant, by deceiving the victim as above, received on December 99, 200,80,000 won from the victim to the Defendant’s bank account.

2. On October 2008, the Defendant borrowed door-to-door sales company called “(State)F” from the Gangnam-gu Seoul Etel 608 to the victim D on October 1, 2008, the Defendant stated that if the Defendant invested KRW 40 million to KRW 50 million, 20% of the company’s shares will be paid and the profits will be paid KRW 20 million each month.

However, the defendant did not have any intention to pay shares, and the company did not have any intention or ability to pay dividends of KRW 20 million every month even if it received money from the victim because it reported 10 million won each month.

As above, the Defendant, by deceiving the victim, received KRW 20 million from the victim, on the same day, and obtained KRW 30 million under the same name on November 4, 2008, and fraudulently acquired it.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on deposits without passbooks;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

arrow