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(영문) 의정부지방법원 2015.01.28 2014고단2545

사기

Text

Defendant

A Imprisonment for 5 months, Defendant B shall be punished by a fine of 3,00,000 won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

The defendants are married couple who operated F in South Korea, and the defendant B and the victim H and the victim I are married with each other, and the victim H and the victimJ have disappearedd with each other.

1. On March 19, 2013, the Defendants conspired to make an investment of KRW 38,300,000,000 to the victim H, “G is able to sell at least 10,000 won per month if it is open. us is well aware of this project. The acquisition price is 68,30,00,00,00,000,000 won including deposit, premium, and franchise, and 38,330,000,000,000 won per month.” On the other hand, the Defendants made a false statement to B that it is 38,300,000 won per month for the return of investment amount.”

However, in fact, the expenses required for the above restaurant acquisition are merely KRW 30 million and the Defendants did not have any 38.3 million investment in the above store, and there was no intention to do so.

The Defendants, from the victim H and the victim J on March 20, 2013, transferred KRW 2,00,000 to the new bank account under the name of the Defendant B on March 30, 201, KRW 5,500,000 to the account under the name of the Defendant A on March 30 of the same month, and KRW 2,50,000 to the above one bank account on the 31st of the same month, and received a copy of the cashier’s check on KRW 30,000 on March 20, 201.

5. From January 1 to October 2 of the same year, the sum of KRW 8,40,000,000 per month was transferred to Defendant A’s single bank account as the source of investment revenue, and acquired by payment of KRW 38,40,000.

2. On September 2013, the Defendants conspired with the victim I in collusion, stating that “I have been wurged and operated in a wurging place. I would make a false investment of KRW 48,300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0

However, in fact, the expenses incurred in acquiring the above restaurant are merely KRW 30 million and the Defendants are merely KRW 48,30,000.