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(영문) 서울중앙지방법원 2019.02.20 2015고단7066
사기
Text

Defendant

A shall be punished by imprisonment for eight months.

Defendant

B shall be innocent.

Reasons

Punishment of the crime

Defendant

A on April 31, 2012, at a coffee shop where it is impossible to ascertain the trade name of the 1st floor of the C Bank in Jongno-gu Seoul, the first floor in Jongno-gu, and the Defendant A referred to the owner of the mine, “A has 50% of the shares in the Indonese mine” to the victim D (the age of 43). If A sells coal generated from the mine to the Fish branch through the “E” of the company where A is thener, profits were accrued, and if 120,000 won was lent, from May 31, 2012, A would pay the principal amount to KRW 50,000 won every three months, and Defendant A made a payment as if he/she had 50% of the shares in the Indo mine.”

However, Defendant A did not hold 50% of the shares in Indones mine and did not have the ability to pay the amount of coal equivalent to 20 million won to Indones mine or to issue the letter of credit necessary for coal export and import. Thus, even if Defendant A received the investment from the victim, Defendant A did not have the intent or ability to pay the amount of the profit and the principal agreed upon by the victim.

As a result, Defendant A deceivings the victim, and then deceiving him from the victim to the corporate bank account (Account NumberG) of E Co., Ltd. around the 10th of the same month.

Summary of Evidence

1. Statements made by witnesses D and H in the second trial records;

1. Legal statement of a witness I;

1. Statement D in the suspect examination protocol of the accused by the prosecution;

1. Copies of a written agreement on money investment and lending (120 million won);

1. Details of each transfer;

1. Contracts and documents related to Defendant A's coal shares in Indonesia;

1. Investigative Report (Report on Confirmation of Facts about the remitters from Defendant A) (Defendant A asserts that there was no fact of deceiving the victim, and that there was an intention or ability to conduct the coal business of this case, such as the share in Indones coal mine (the right to sell is held, and the credit is also issued).

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