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(영문) 서울서부지방법원 2015.10.13 2014고단3691
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for one year.

Reasons

Punishment of the crime

Defendant

A is a director of E Co., Ltd. (hereinafter referred to as “E”) and Defendant B is a former representative director of the said company.

1. At around 14:00 on December 8, 2008, the Defendants conspired with the victim F, the fiveth floor of the G Building in Yeongdeungpo-gu Seoul Metropolitan Government, saying, “The gold in Mongolia is in the Bank of Korea, and at the time when they work in the internal customs office (A), Mongolia may bring about a match without undergoing import clearance procedures. In addition, if the Defendants invested KRW 10 million in Korea, Mongolia shall be paid 1.5 million each by including principal and interest in one week.”

However, the Defendants did not have any intent or ability to leave the agreed profit even if they receive money for the investment in business that imports and sells gold in Mongolia.

Ultimately, the Defendants, as seen above, made a false statement to the victim and received a total of KRW 4,490,000 on seven occasions, including KRW 8 million on December 8, 2008, KRW 2099,000 on January 9, 2008, KRW 300,000 on February 10, 2009, and KRW 350,000 on February 11, 2009.

2. On February 4, 2009, the Defendants conspired with the victim H to receive KRW 70 million in total on two occasions, including KRW 60 million around February 4, 2009, and KRW 170 million around February 17, 2009, as investment money, from the victim, by deceiving the victim H under the same name as at the same place as paragraph (1).

3. The Defendants conspired to commit fraud with the victim I on February 10, 2009, by deceiving the victim I under the same name in the same place as that of paragraph (1) of the same Article, and then receiving KRW 20 million from the victim as investment money.

Summary of Evidence

1. The legal statement of the witness F, H, A, B, J and K;

1. Protocol concerning the suspect examination of the defendant A by the prosecution;

1. Statement of F or H in the police protocol of suspect interrogation against the defendant A;

1. Statement of the police statement concerning F;

1. A copy of the police statement made to L, J, or K;

1. Recording notes;

1. A name, details of transactions, and each investment contract;

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