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(영문) 의정부지방법원 2014.12.10 2014고단1855

사기

Text

Defendant

A Imprisonment with prison labor for three years, and for one year and six months, respectively.

Reasons

Punishment of the crime

Even if the Defendants received money from victims E, they did not have the intent or ability to use it for cleaning business.

Nevertheless, around March 2010, at the victim's house located in the Hanam-si F, the Defendants falsely concluded that "the cleaning business may be punished by a defect in the cleaning business by establishing a corporation with each of the 500 million Won and internal price invested, A may be punished by a defect in the cleaning business corporation in substance, and a large amount of money."

From March 23, 2010, the Defendants were issued KRW 498 million to the new bank account in the name of Defendant A around March 23, 2010.

As a result, the defendants conspired to acquire the property of the victim.

Summary of Evidence

1. Part of the Defendants’ respective legal statements (excluding a letter-based fraud, deception, etc.)

1. Defendant A's suspect interrogation protocol of Defendant A: B before commencing the business, the Defendants and the victim agreed to run cleaning business three times, and the Defendants and the victim agreed to run cleaning business.

Defendant B consented to use KRW 300 million in person before receiving the investment money from the victim, and did not notify the victim thereof;

Defendant

From the account A, Defendant B paid part of the interest of KRW 498 billion to the victim via Defendant B;

The shares were paid most, and all of them were consumed, and the capital was locked;

Although the capital of KRW 200 million can be based on a negotiated contract, it did not have the ability to receive the services of a large building such as a public institution, and the cleaning business of a small-scale building was aware that the cleaning business right of the public institution was carried out by Defendant B: (a) the statement to the effect that it was not even possible to do so; and (b) the statement to the effect that the cleaning business of the small-scale building was carried out;

Defendant

First of all, A used 300 million won as he used it rapidly, which allowed A to do so, and it did not notify the victim.