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(영문) 서울중앙지방법원 2016.07.14 2014고단9121

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant

A is the representative of D Co., Ltd., a trading company, and Defendant B sold domestic drinking water and softs to four arms as Defendant A’s partner.

From September 201 to October 201 of the same year, the Defendants were in the process of preparing so-called so-called so-called so-called so-called so-called so-called so-called so-called so-called so-called “E building” to the Victim F in the D Office of Jongno-gu, Seoul.

If the loan of money is made, the interest shall be paid every month by making an investment in the small-scale factory, and if the small-scale factory is completed, the investment profits shall be paid from every 3 million won to 5 million won, and if no one wants to return the money, and if no one wants to do so and the progress of the business is known, the full repayment shall be made until June 5, 2012.

“A false statement” was made.

However, since it is necessary to pay more than KRW 1.8 billion in the construction of the above tenant factory, even if the defendant received money from the injured party for the purpose of investment, there was no particular income or property to raise the remaining funds necessary for the construction of the tenant factory, so there was no ability to properly conduct the above tenant factory business.

The Defendants, as such, by deceiving the victim, received from the victim, KRW 10 million from the victim’s national bank account (G) around October 20, 201, KRW 30 million around November 4, 201, and KRW 17 million around November 17, 201 from the victim, respectively.

As a result, the Defendants conspired to obtain a total of KRW 50 million from the injured party.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Each legal statement of H and I;

1. Statement made by the witness F in the second public trial record;

1. Some of the statements made by the Defendants to the prosecution during the interrogation protocol for the Defendants (including the whole part to F)

1. Part of the statement in the police interrogation protocol concerning the accused (including each part of 1,2 times, F, and I)

1. Statement made by the police with regard to F;

1. Each of the reasons for the judgment of conviction of the complaint and the attached documents (the purpose of deception and deception) shall be stated.