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(영문) 서울서부지방법원 2016.01.15 2014고단1623

사기

Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of two years.

Reasons

Punishment of the crime

1. Fraud (Crimes around April 2009) Defendants were co-principaled, and met the victim E in Seoul Jung-gu, Jung-gu, Seoul around April 18, 2009, under Article 302 of the Victim E-owned Building around April 18, 2009, and we try to establish and communicate a company of F in Africa.

The loan of KRW 300,000,000 will be made in excess of 13,500,000,000 of F shares and 2,80,000,000 of F shares will be paid in excess of 15,00,000 if the principal is returned later.

“The money was loaned and asked to lend money.”

However, at the time, the Defendants did not find out the source of financing related to the sericultural communications business and did not entirely promote the business, and thus, they did not generate any profit through the business, and even if they borrowed money from the damaged party due to no particular property or income in Korea, they did not have any intent or ability to repay the principal or to transfer the shares of the land or F.

Nevertheless, on August 20, 2009, the Defendants conspired to make a false statement to the victim, and received 270,000,000,000 won from the foreign exchange bank account under the name of the Defendant A to the victim, and received 70,000,000 won from the new bank account under the name of the Defendant A on September 3, 2009, such as receiving 70,000,000 won from the victim.

2. Fraud (Crime B around November 2009) was committed by Defendant B on November 2009 on the 302 building owned by the victim E in Seoul Jung-gu, Jung-gu, Seoul on November 1, 2009, and only the victim “on the inside of the inside of the inside of the ship, the steering gear should be taken off, and the locked was punished.

If we do not know any balance, I will lend money to the land. I will pay in full the money borrowed with the money of 5 billion won per annum.

“The money was loaned and asked to lend money.”

However, in fact, the Defendants are entirely engaged in the communications business of locked, such as the above “1.”