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(영문) 서울남부지방법원 2017.02.13 2015고단5270

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for three months and by imprisonment for five months.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to one year of imprisonment for fraud at the Seoul Western District Court on May 8, 2015, and the judgment became final and conclusive on August 26, 2015.

Defendant

B On October 21, 2015, the Seoul Northern District Court was sentenced to imprisonment with prison labor and one year and six months for fraud, and the judgment became final and conclusive on June 28, 2016.

[Criminal facts] On July 201, the Defendants conspired to acquire money in the name of the bonds purchase fund from the injured party by pretending to the bonds purchaser on or around the beginning of July 201.

Accordingly, on July 25, 201, Defendant A, according to Defendant B’s instructions, is running credit purchase business with a large amount of US dollars in the insular coffee shop near Yongsan-gu Seoul Metropolitan Government Han River on July 25, 201.

3,000 won may be purchased with bonds equivalent to KRW 60,000 per week.

A false statement was made that “on the face of the failure of bonds within a day, the money will be returned as it is.”

However, in fact, the Defendants did not have any other means to purchase bonds, but did not have any other means to purchase bonds. However, in order to purchase industrial bonds through the bromoer called “E”, the Defendants only planned to deliver the said money to the bond company in the name of Dong through the E with the appearance of “E” in order to create a “bonds sheet to the effect that it is necessary.”

In addition, Defendant B did not have the ability or intent to return the claim if it was purchased, or is impossible to purchase the claim, even if there was no income or assets from the damaged party except for the obligation equivalent to KRW 100 million, and KRW 350,000,000,000.

The Defendants acquired 30,000 won from the injured party, i.e., at the face value of 10,000 won for the purchase of bonds, by delivery of 3,000 won in front of the check.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. A copy of a check before himself (30 million won);