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(영문) 서울중앙지방법원 2018.08.14 2016고단7388 (1)

사기등

Text

Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

C is the representative of the LAD, Defendant A is the head of the LAD, Defendant B is a person who is the head of the LAD, and Defendant B is a person who was sentenced to imprisonment with labor for fraud at the Seoul Eastern District Court on February 5, 2015 and completed the execution of the sentence in the Sungdong Detention House on August 25, 2015.

The Defendants, on June 17, 2016, knew that they received KRW 150 million in relation to the right to operate the restaurant from the victim G on June 17, 2016, even though they did not have obtained the consent from E on the construction site of the apartment building located in the F, the Defendants: (a) requested the victim to receive KRW 50 million in the name of the introduction fee, etc.; and (b) conspired to receive money in the form of borrowing it.

On June 21, 2016, the Defendants made a false statement to the effect that “The Defendants are responsible for obtaining the right to operate the restaurant and immediately repay the Defendant if they lend KRW 50 million to the Defendant,” at the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government coffee shop.

However, in fact, the Defendants did not properly confirm whether C is able to grant the right to operate a restaurant as well as did not have the intent or ability to use the 50 million won loan and to repay it.

Nevertheless, the Defendants deceptioned the victim as such and acquired the victim from the victim to the H bank account under the name of the Defendant A on the same day by transfer of KRW 50 million from the victim.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of witness G;

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement made by the prosecution with regard to G;

1. One copy of a certificate of work progress;

1. One copy of each letter;

1. A detailed statement of the bankbook;

1. Submission of evidential materials;

1. A trading statement;

1. A previous conviction: A reply to inquiry, such as criminal history, and the legal statement of the defendant B [the statement of the defendant A is nothing more than lending the account when he receives the introduction fee from the injured party upon the request of the defendant B, or the apartment project is being carried out smoothly.