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(영문) 서울중앙지방법원 2015.08.19 2014고정5788
사기
Text

Defendants shall be punished by a fine of five million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendants are jointly engaged in the distribution business from 2011 to 2013 in the name of F Co., Ltd.

On September 2, 2013, the Defendants conspiredd with the victim D on September 2, 2013, that “F would repay the air transport charges of KRW 46,176,291 to the Non-W&C Air Corporation by September 25, 2013 when he pays the air transport charges of KRW 46,176,291 to the Non-W&C Air Corporation.”

However, even if the Defendants received money, they did not have the ability to repay the money by the due date.

In such a way, the Defendants, by deceiving the victim, had the victim pay KRW 46,176,00 on September 3, 2013 to the Non-S&C Air Co., Ltd. the Defendants liable for the obligations, thereby acquiring financial benefits equivalent to that amount.

Summary of Evidence

1. A statement to the effect that the objective facts charged by the Defendants during the third public trial are acknowledged

1. Each legal statement of witness G and D;

1. The police statement concerning G;

1. A contract for cash consumption loan;

1. E-mail output;

1. Payment certificate;

1. Certification of value-added tax base;

1. Each standard financial statement certificate;

1. Copy of payment order;

1. Application of the Acts and subordinate statutes of notification of seizure and request for auction of corporeal movables;

1. Articles 347(1) and 347(1) and 30 of the Criminal Act and the choice of a fine

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

1. Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Improvement of Applications for Compensation Orders, Dismissal of Lawsuits, etc. (where his/her defense counsel claims the existence of opposite claims against the victim, and the existence or scope of liability for compensation is unclear, such cases shall apply);

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