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(영문) 춘천지방법원 원주지원 2016.10.17 2015고단1113
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

Reasons

Punishment of the crime

1. On October 30, 2013, the Defendants made a false statement that “The co-principal Defendants should establish an overseas branch office in a foreign local area” within the “G office” office of the victim F in the Guro-gu Seoul E-building 406, Guro-gu Seoul Metropolitan Government E-building.”

However, the fact did not have the intention or ability to establish an overseas branch for "G".

around November 13, 2013, the Defendants received KRW 20 million in total from the victims, including that Defendant A received KRW 20 million in the name of establishing a Chinese branch of “G,” and Defendant B received KRW 20 million in the name of establishing a Vietnam branch of “G,” respectively.

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

2. Defendant A

A. On December 18, 2013, the defrauded concluded that “Around December 18, 2013, the Defendant, within the “G” office as indicated in paragraph (1), “The said victim is obliged to pay the lease deposit to rent the office located in Yeongdeungpo-gu Seoul Metropolitan Government H, and KRW 10 million.”

However, the facts revealed that the Defendant paid 8 million won out of the money received as above under the name of the premium which does not actually exist, rather than the lease deposit, and was a plan for personal use.

The Defendant received eight copies of the KRW 1 million check from the victim under the pretext of paying the lease deposit.

Accordingly, the defendant was given property by deceiving the victim.

B. The Defendant, while renting an office located in Yeongdeungpo-gu Seoul Metropolitan Government H, was aware of the fact that the Defendant, even though having not paid the premium, did not bring about a false representation of the premium to F as if he had paid the premium. In order to bring about a false representation of the premium, the Defendant was willing to forge a written contract on the acquisition and transfer of the premium in the name of Young-gu I and the receipt thereof.

1. On January 1, 2014, the Defendant was located in the residence of the Defendant, located in J apartment No. 503 Dong 1406, Seo-gu, Incheon, Seo-gu.

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