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(영문) 서울중앙지방법원 2018.11.28 2016고단4254

사기등

Text

1. Defendant A shall be punished by imprisonment with prison labor for one year and six months;

2. Defendant B shall be punished by imprisonment for eight months.

(b).

Reasons

Punishment of the crime

Defendant A [basic facts] around April 20, 2015, Defendant A operated the Internet shopping mall in the name of “G” on the first floor of Gangnam-gu Seoul, Seoul, Seoul, but the said shopping mall did not occur any particular sales, and the Defendant had aggravated economic circumstances to the extent that it is impossible to pay monthly wages of employees.

During that period, the Defendant received an investment of KRW 100 million in the name of the purchase cost for the goods sold in the Internet shopping mall from the first floor of the above building and received an investment of KRW 100 million from the I to the I, but the balance of the passbook was not paid to I as the relationship between KRW -8 million and KRW -8 million. However, I borrowed KRW 30 million from the victim of the damage with a loan for the amount of KRW 30 million from the victim and borrowed KRW 30 million from the victim, and did not change the form of the last transfer to I.

[Criminal facts]

1. The Defendant, on April 20, 2015, delivered the victim M’s agent N by telephone to the victim’s agent at a non-permanent place in Gangnam-gu Seoul Metropolitan Government (Seoul) and on the security of borrowing KRW 30 million between one month and one month.

The payment shall be made after one month.

“A false statement is made to the effect that it is, on the same day, delivered to N a lease vehicle in the name of J, which is owned by K in the case of a contract with the security of borrowing KRW 30 million from the victim M in the front parking lot of Gangdong-gu Seoul Metropolitan Government, for a period of one month.

However, in fact, vehicles delivered by the defendant were leased vehicles according to the lease contract concluded between J and K to pay the monthly rent of KRW 2,013,700 between 48 months and 48 months around May 29, 2014, and there was no collateral value. The defendant opened a Muss passbook and opened a Muss passbook to pay the monthly rent of KRW -8,595,688.