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(영문) 서울중앙지방법원 2014.11.27 2014고단3732

사기

Text

Defendant

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

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A on February 7, 2014, the Seoul Eastern District Court sentenced three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the same year.

8.2 The judgment became final and conclusive.

Defendant

A is the representative director of FF Co., Ltd., and Defendant B is the president of the above company.

Defendants posted a condition that they would give high profits within the short period, and have raised funds required for attracting large amounts of funds.

On December 13, 2012, at the office of I Co., Ltd. operated by the victim H in Seocho-gu Seoul Metropolitan Government, the Defendants met the victim’s staff J, and Defendant A stated to the effect that “If the Defendant borrowed the funds of KRW 20 million, it is necessary to attract a large amount of money, the Defendant would repay the principal after 2-3 days and at the same time pay the principal amount of KRW 500 million.” Defendant B performed as a senior public official of the class 1 of the former class having the ability to attract funds, and Defendant B would pay the principal after 2-3 days if the funds were to be raised at almost a certain level of money but to lend KRW 20 million to a high class of the former class 1 with the ability to attract funds, the principal would be repaid and KRW 500 million will be provided as security.”

However, the Defendants did not have any intent or ability to pay the borrowed money or pay the borrowed money or pay the borrowed money in a very rare situation to attract large amount of funds as above.

Nevertheless, the Defendants conspired as above, by deceiving the J, and through the J, acquired the money from the victim to the bank account in the name of the Defendant A in the name of the Republic of Korea on the same day.

Summary of Evidence

1. Defendant A’s legal statement

1. Each legal statement of the witness J and H;

1. Copy of a cash custody certificate;

1. A copy of past details of transactions;

1. Certificates of deposit transactions (Korean Bank K);

1. Previous convictions: Case Screening, Seoul Eastern District Court Decision 2013Gohap213