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(영문) 서울중앙지방법원 2018.01.24 2016고단251

사기

Text

Defendant

A Imprisonment for one year, and each of the defendants B and C shall be punished by imprisonment for ten months.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the chief director of the missionary Foundation E (hereinafter referred to as the "E"), Defendant B is the representative director of the E as the children of Defendant A, and Defendant C is the chief director of the overall headquarters of E.

[Judgment of the court below]

1. On September 17, 2014, the Defendant committed the crime at around September 17, 2014, in the office of the victim in the sixth floor of the Gangnam-gu Seoul Metropolitan Government G Building, the victim F of the victim on September 17, 2014, the victim tried to purchase “G building.”

Jindo SK Securities issued by H as security the gift certificates of KRW 8 billion in the face value of KRW 1,00,000 and received a loan for the purchase price.

As we know, 40 million won is required, if you lend it, enter into a sales contract for G building with a loan from the SK Securities, and pay 40 million won immediately.

“......”

However, in fact, since the above merchandise coupon is not actually used and it is not possible to receive a loan as a security, the defendant only said that the merchandise coupon can be commercialized at the face of stamp, and it does not appear to confirm whether the above merchandise coupon can be lent as a security or whether the above merchandise coupon can be discounted, and in addition to the above merchandise coupon borrowed as a security or discounted merchandise coupon, the defendant or E did not have any means to repay the borrowed money, so even if he/she borrowed money from the injured party, there was no intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received KRW 40 million from the victim to the foreign exchange bank account in the name of the Defendant on the same day under the pretext of borrowing money from the victim.

2. On September 26, 2014, the Defendant of the crime committed around September 26, 2014, at the places indicated in paragraph 1, around September 26, 2014, and via C, the Defendant is a member of the Democratic Nowon-gu, a person who provided the SK Securities with a gift certificate of KRW 8 billion and takes the lead in receiving the loan.

I Members shall be reduced at their own expense.