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(영문) 서울중앙지방법원 2012.11.21 2011고단3806
사기
Text

Defendants shall be punished by imprisonment for one year and six months.

However, with respect to Defendant B, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Defendants] [2011 Highest 3806]

1. On June 10, 2008, Defendant A was sentenced to one year of imprisonment with prison labor at Seoul High Court for the crime of taking property in breach of trust at the Seoul High Court on June 18, 2008 and the above judgment was finalized on June 18, 2008. On June 23, 2010, the Seoul Central District Court sentenced two years of suspension of execution to one year and six months of imprisonment with prison labor for fraud, and the above judgment was finalized on October 14, 2010.

2. Criminal facts are married couples, and the Defendants deceptioned another person to receive money during the process of “G projects” with a high yield rate of return on construction of hotels, etc. in Yeonsu-gu Incheon Metropolitan City F. A.

On April 26, 2007, the Defendants planned to enter into the “G Project” contract with Mancheon-si and the return on profit is high to the victim in Gangnam-gu Seoul Special Metropolitan City, and for this purpose, the Defendants appointed an attorney-at-law. Therefore, if the Defendants lent KRW 20 million to the victim H, they would be repaid with the profits accrued from the said business.

However, the fact was that there was no intention or ability to conclude the above contract with Incheon Metropolitan City, and there was no plan to appoint a lawyer.

The Defendants received from the victim the money of KRW 20 million from the foreign exchange bank account in the name of the Defendant B immediately.

As a result, the Defendants conspired to attract the victim to receive the goods.

B. On May 25, 2007, at the above “I” around May 25, 2007, the Defendants concluded a contract with the victim H and K for the “G Project” with the victim H and K. It was a project that purchased the project site of Incheon Song-do from Incheon City under a negotiated contract and is a project that establishes a hotel and a financial institution by attracting foreign capital. G projects are investments.”

However, the Defendants did not have the intent or ability to promote the business with the investment funds received from the victims.

Nevertheless, the Defendants belong to the aforementioned false statements.

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