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(영문) 수원지방법원 안산지원 2016.05.17 2016고단697

사기

Text

Defendants shall be punished by a fine of two million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

The Defendants conspired to induce Defendant A to borrow money from the victim C for the purpose of taking over a restaurant, and Defendant B had the mind to borrow money from the victim by doing so as to be the lessor of the pertinent building.

Defendant

On October 201, A made a false statement to the effect that “A wishes to take over the Plaintiff’s “E located in Ansan-si, a member of Ansan-si,” and that “A will preferentially repay the leased deposit to the lessor and directly confirm it,” while Defendant B made a false statement to the effect that “A would preferentially repay the borrowed deposit to the victim as if the victim was the lessor of the building in the above restaurant as he was requested by Defendant A in advance.” Defendant B made a false statement to the effect that “A would preferentially repay the borrowed money to the victim as if he was the lessor of the building in the above restaurant.”

However, even if Defendant A borrowed money from the injured party, he did not intend to use it as interest and living costs for the existing debt, and Defendant B did not intend to use it as the acquisition cost. Although the lessor is not the lessor of the pertinent building, Defendant B received a request from Defendant A to request for her to do so as if he was a lessor, and the victim made such a false statement.

Defendant

A was delivered KRW 10 million in cash to the injured party on October 27, 201.

As a result, the Defendants conspired to acquire 10 million won from the injured party.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a copy of a real estate lease agreement and a copy thereof;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;