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(영문) 서울남부지방법원 2015.08.12 2014고단895

사기

Text

Defendant

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

Reasons

Punishment of the crime

1. Defendant A is a person who operated the LG Plus Agency under the trade name, namely, “G” from 8th 305 vehicles of the F Building in Guro-gu Seoul Metropolitan Government (hereinafter “G”).

On November 2012, the Defendant stated that “Around Kimpo-si, Kimpo-si, the victim J borrowed KRW 150 million from B, and the interest burden is reasonable.” The Defendant made a false statement to the effect that “Around November 2012, 200, the Defendant borrowed KRW 300 million from B, which would guarantee the annual profit of KRW 48% if he/she makes an investment in G, and that B would be exempted from the obligation of KRW 100 million and KRW 150 million if he/she received an investment.”

However, at the time, G was suffering from business difficulties to the extent that it is impossible to pay wages and taxes in time, and even if the Defendant received investments from the victim, he did not have the intent or ability to guarantee the profits of 48% per annum, and there was no fact that B was paid KRW 100,000,000 and was to exempt the obligation of KRW 150,000 from the obligation.

On November 30, 2012, the Defendant, by deceiving the victim, received KRW 300 million from the victim to the bank account in the G name.

2. In receiving KRW 300 million from the VictimJ as above, Defendant B prepared a written confirmation of debt repayment (hereinafter “written confirmation of debt repayment”) with the content that “A would have been given debt settlement at the G office on November 30, 2012,” which read “A would have been given debt settlement at KRW 100 million,” and that “A would have been given up to November 30, 2012 to the said obligor A and Company G, and that the obligee K and B would have given full repayment of the total debt borrowed from both the obligee K and B,” and aided and abetted the Defendant to commit the crime of fraud by facilitating the said crime.

Summary of Evidence

[Defendant A]

1. Defendant A’s legal statement

1. Statement made by the witness J in the third protocol of trial;

1. A written confirmation of repayment of debts attached to the written complaint (Defendant B);

1. Statement made by the witness J in the third protocol of trial;

1. A of a witness in the fourth trial record;