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(영문) 서울중앙지방법원 2015.01.15 2013고단6495

사기등

Text

Defendant

A Imprisonment of four years and six months, Defendant B's imprisonment of ten months, Defendant C's imprisonment of six months, and Defendant D of ten months, respectively.

Reasons

Punishment of the crime

Defendant

A on January 14, 2009, the Seoul Eastern District Court sentenced 8 months to a crime of fraud and a crime of violating the Act on the Regulation of Conducting Fund-Raising Business without Permission, and completed the execution of the sentence on July 5, 2009.

[2013 Highest 6495] (Defendant A) Defendant A is a person who operated a restaurant “H” in Gangnam-gu Seoul Metropolitan Government G.

Defendant

On April 5, 2012, A returned a total of KRW 240 million, including investment profits, including KRW 50 million, on May 7, 2012, 2012, 100,000,000,000,000,000,000 after the second month from the investment of KRW 200,000,000,000,000,000 to the victim I. In short of the above money, A made a false statement to the effect that “The transfer of the deposit for the lease of H building and the business rights of KRW 50,000,000,00,000,000,000,000,000, which was later than the second month, will be the transfer of the deposit to the victim.” In short of the above money, A notarized the transfer of the deposit to the victim.

However, in the event that the above H paid KRW 50 million with the lease deposit, it was operated by paying monthly rent instead of the remainder. Accordingly, each receipt stating the victim's lease contract of KRW 500 million and the building owner of the lease deposit of KRW 250 million and KRW 250 million, which was shown at the time of the contract, was falsely prepared by the Defendant A to borrow money, and even if it was operated by others as it was not well-grounded, it did not have any intention or ability to return KRW 240 million after two months, even if it was made an investment from the victim because it was not well-grounded.

As a result, Defendant A deceiving the victim and received KRW 200 million from the victim on April 5, 2012.

[2013Kadan7134] (Defendant A, B) Defendant A, and Defendant B conspired, around November 30, 201, at the L office of a lending company operated by K in Jongno-gu Seoul Metropolitan Government J around November 30, 201, the above K requires KRW 200 million as the repair cost of the restaurant, and KRW 200 million.