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(영문) 서울동부지방법원 2015.08.19 2015고단16
사기등
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

The Defendants, who were operated by Defendant A (hereinafter “H”), were to be changed to J on March 5, 2008, and I (hereinafter “J”) were to suffer from the shortage of funds, and when the auction procedure was in progress with respect to K’s 303-dong 102 (hereinafter “instant apartment”) in Yongsan-gu, Yongsan-gu, Yongsan-gu, Incheon Metropolitan City (hereinafter “instant apartment”), which was owned by Defendant A, and the said apartment was to borrow the auction fund and the business fund to receive a successful bid from Defendant M.

Accordingly, on December 2008, Defendant A made a false statement to the effect that “The amount of KRW 150,000,000 for exported clothes has been returned to the victim at the H office located in Songpa-gu Seoul N, Ha, and that “The amount of KRW 100,000,000 is required to borrow money to the victim in order to make a new shipment with remuneration,” and Defendant B also made a false statement to the effect that “the victim is in a insolvency crisis due to the lack of good financial conditions for the company, and the export clothes must be returned and repaired.”

However, in fact, the Defendants did not have intended to repair the goods exported from H to 1.5 million US dollars because they exported the goods overseas or the clothing exported from H were returned, and H and J did not have the intent or ability to repay the said goods even if they borrowed money from the victim for the purpose of auction fund and business fund due to the difficulties in the financial situation at the time.

around December 26, 2008, the Defendants, by deceiving the victims, received USD 9,957.42 (Korean Won, approximately 130,981,204) from the victims on deposit account in the name of J (O).

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Partial statement of the witness M in court;

1. Partial statement of the witness B (as to the defendant A)

1. Some statements made by the Defendants in the suspect interrogation protocol of each prosecutor about the Defendants

1. Protocol of examination of the witness regarding B;

1. Each account;

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