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(영문) 서울동부지방법원 2017.02.15 2016고단328

사기

Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment of ten months.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A on May 22, 2014, the Seoul Eastern District Court was sentenced to one year of imprisonment for fraud at the Seoul Eastern District Court, with a two-year suspended sentence, and the said judgment became final and conclusive on May 30, 2014.

On July 10, 2013, the Defendants conspired to lend KRW 150 million to the victims of the F Office of the Seoul Seo-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City D Building 602) for the removal of the former housing necessary to construct the main apartment complex to Daegu, “The removal of the Gu housing necessary to construct the main apartment complex to Daegu G” (hereinafter referred to as “Seoul Special Metropolitan City D Building 602”). When the construction is completed, the Defendants agreed to the effect that the principal and interest will be repaid at KRW 300 million.”

However, in fact, the Defendants did not raise any funds equivalent to KRW 22.3 billion in order to construct a main apartment in Daegu Daegu, and the construction for the construction of the above main apartment was not carried out, and thus, the construction for the construction of the above main apartment was not carried out. The Defendants and Defendant A did not have any particular property owned by H, the representative director of the corporation, while Defendant A had no specific property. On the other hand, Defendant A was liable for a loan equivalent to KRW 100 million, and Defendant A had no intention or ability to pay the money borrowed from the injured party. However, Defendant A had no intention or ability to pay the money in excess of KRW 6.0 million.

As a result, the Defendants conspired to induce the victim as above and received a remittance of KRW 130 million from the victim’s new bank account (Account Number I) in the name of H, around October 17, 2013, and KRW 10 million around November 21, 2013, and KRW 150 million around November 21, 2013. On November 21, 2013, the Defendants received KRW 150 million in cash.

Summary of Evidence

1. Each legal statement of E, J and K;

1. A written protocol concerning the examination of the suspect against the defendant A by the prosecution;

1. The protocol concerning the interrogation of the suspect against the Defendants

1. Each police statement to E, J and K;

1. Complaints of E preparation;

1. Each report on investigation;

1. A contract guarantee, each contract for removal works, each contract for construction works, each contract for construction works, the cost statement for construction works;