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(영문) 부산지방법원 동부지원 2014.09.22 2014고정280

사기

Text

Defendants shall be punished by a fine of three million won.

The Defendants did not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is the owner of the building in Busan Southern-gu, and Defendant B is the owner of the building, and Defendant B is the head of Gu with Defendant A.

Defendant

A promised the victim D to offer the first floor tenant of the building in the E-building with the face-to-face placement cost, and introduced F from the victim.

The Defendants: (a) pretended to have run the restaurant business on the first floor of the above building by leasing the 1st floor store in the above building; (b) received premium from F; and (c) intended to pay the introduction fee to the victims; and (d) actually received KRW 25 million from F as premium, and granted KRW 20 million to the victims.

After that, the F received the premium without any fact that Defendant B operated a restaurant business, and accused the Defendants on the charge of fraud, and the Defendants were investigated.

From October 30, 2012, the Defendants conspired with the victim that they did not have the intent or ability to immediately withdraw and return the money even if they received the money from the victim, and received the money from the victim in the “H” restaurant of Defendant B’s operation in Busan-gu, the violation of the Attorney-at-Law Act would be committed, and there would be no time if the victim borrowed KRW 20,000. The creditors would prepare a loan certificate of KRW 20,000,000,000 from the creditor I, the debtor D, and transfer the interest to KRW 1,60,000,000,000,000,000,000 won, and the money would be returned immediately if the remittance was made.

Summary of Evidence

1. Each legal statement of witness D, J and K;

1. Application of Acts and subordinate statutes to the details of transactions of passbooks in I (Investigation Records No. 108 pages);

1. Defendants of relevant legal provisions concerning criminal facts: Articles 347(1) and 30 of the Criminal Act

1. Defendants who choose punishment: Fine.

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: