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(영문) 서울남부지방법원 2017.12.06 2016고단5122
사기
Text

Defendants shall be punished by imprisonment for ten months.

However, the defendant A for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B was sentenced to eight months of imprisonment for fraud at the Seoul Central District Court on January 13, 2011, and the execution of the sentence was terminated on March 17, 201, and on June 26, 2014, the Seoul Central District Court sentenced one year and six months of imprisonment for embezzlement, etc. and became final and conclusive on November 13, 2014.

The Defendants had operated the “E Ma Ma” located in Yeongdeungpo-gu Seoul Metropolitan Government as well as the “E Ma Ma,” and around April 2012, the Defendants attempted to undertake remodeling works by getting out of the business depression by getting out of the facilities of the E Ma Ma Ma, but they conspired to acquire money under the name of the deposit money for the Ma Ma Ma Ma Ma Ma Ma, E Ma Ma Ma Ma Ma Ma Ma Ma, and cafeteria.

1. As a result of the commission of a crime around May 7, 2012, Defendant B, around May 2012, would allow the victim F to operate a sports marina room in E-mail, subject to the payment of KRW 50 million monthly rent of KRW 50,000,000.

At present, it is a remodeling work, and after completing the construction, it is expected to operate a sports marina room from July 30, 2012.

“.......”

However, the Defendants did not have any ability or intent to operate a sports e-mail room from July 30, 2012 to the victim from July 30, 2012 as they promised to receive money from the injured party, as they did not have any particular property and are unable to dismiss the enemy due to the business depression in E-Sa.

Nevertheless, around May 7, 2012, the Defendants conspired to deception the victim, and acquired the victim by remittance of KRW 20 million under the name of contract deposit from the G account in the false name of the Defendant A to the account in the false name of the Defendant A.

2. The Defendant B, on September 4, 2012, paid from the injured party prior to completion of the E-mail or remodeling work due to the shortage of construction cost on July 2012.

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