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(영문) 수원지방법원 성남지원 2014.03.07 2013고단969

사기

Text

Defendant

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

Reasons

Punishment of the crime

Defendant

A, on October 18, 2007, was sentenced to one year of imprisonment for fraud at the Seoul Western District Court, and on March 30, 2009, the parole period was expired on April 15, 2009.

[2013 Godan969] The Defendants conspired with each other on February 28, 2012, and the Defendants received money from the victim F as a loan brokerage fee, even if they did not have the intent or ability to arrange to obtain a loan necessary for the withdrawal of a request for auction of the H land in Seongbuk-gu, Sungnam-gu, the father of the victim, the father of the G, and even if they received money from the victim F, Defendant B was working for the victim as the global representative director of the cosmetic Co., Ltd., Ltd., which is a cosmetic, and made a big business prior to the example, and made a work to invest funds necessary for the various projects. A made a false statement to the effect that “A may obtain a loan of KRW 20 million,000,000,0000,0000,0000,0000 won, if it had a wide experience in connection with the funds, and that money was remitted from the victim F to the national bank account of the Defendant B.

[2013 Godan1191] Defendant A around August 20, 2009, at the G hotel coffee shop located in Jung-gu Seoul, Jung-gu, Seoul; Defendant A provided security to M and was not in a financial condition enough to borrow 50 million won from the L store in July 23, 2009; even if the above store was sold, Defendant A was unable to gain profits. As such, even if Defendant N borrowed 20 million won from the victim N, Defendant A was unable to have an intent or ability to return it, and Defendant A may gain profits if selling the said store. Defendant “A shall make a false statement of KRW 30 million after one week, and KRW 40 million after two weeks, and KRW 50 million after two weeks, whichever is the victim’s sum. < Amended by Presidential Decree No. 20654, Aug. 29, 2009; Presidential Decree No. 200650, Aug. 29, 2005>