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(영문) 부산지방법원 2015.12.03 2015고단494

사기

Text

Defendant

A and C shall be punished by imprisonment with prison labor for one year and two months, and by imprisonment with prison labor for ten months.

Reasons

Punishment of the crime

On May 10, 2013, Defendant B was sentenced to a suspended sentence of three years for one year, due to a violation of the Act on the Control of Narcotics, etc. at the Busan District Court on May 10, 2013, and the judgment became final and conclusive on May 21, 2013.

The Defendants, as if the “certificate of balance of account” is required in C and C in early 201, received short-term loans in their own account by deceiving the previous owner as if it were necessary. After completing the certificate of balance between the previous owner and the former owner, the Defendants first recruited them by means of Internet banking, etc. before recovering them.

1. On March 201, the Defendants conspired with C in collusion with C, and called to the office of a certified judicial scrivener in the trade name in Busan, who was gathered in Busan, on March 201, and called to the office of a certified judicial scrivener in Busan, and sent documents, such as the certificate of personal seal impression, in the name of the Defendant B necessary for the opening of the account and the certificate of balance, to the certified judicial scrivener in the name of the non-indicted. At the same time, the Defendants were required to submit necessary documents, deposit KRW 400 million with the account in the name of B, and the certificate of balance is removed. The Defendants were required to pay interest and fees on borrowing money.”

However, the Defendants did not need a balance certificate for bidding in the auction of curios, and if money is deposited from the previous owner to the bank account in the name of Defendant B, the Defendants first intended to withdraw the money from the former owner to the road and deducted the money from the former owner before leaving the road.

As above, the Defendants conspired with C by deceiving the former victim J through the said certified judicial scrivener, and were paid KRW 400 million from the victim to the Agricultural Cooperative account opened in the name of the Defendant B for a short-term loan for the certificate of balance at around 16:02 on March 16, 201.

2. The Defendant committed the crime of Defendant A, together with C and K, was mutual incompet with the Defendant on April 21, 201.