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(영문) 서울남부지방법원 2015.02.10 2013고단431
사기
Text

Defendant

A shall be punished by imprisonment with prison labor of one year and two months, by a fine of five hundred thousand won, and by imprisonment with prison labor of eight months.

Reasons

Punishment of the crime

[Criminal Justice] On February 28, 2013, Defendant B was sentenced to ten months of imprisonment for fraud at the Seoul Eastern District Court on August 6, 2013, and the judgment became final and conclusive on August 6, 2013.

【Criminal Facts】

1. Defendant B and the Defendants, at the office of the Defendant Company I (hereinafter “I”) operating the Victim H in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “I”) on July 2008, known that “J would develop the special steel and take over the two factories of the Han Steel, and that I would import scrap metal from Russia because it is necessary to use the scrap metal.” The J would make an investment of KRW 5 billion raised from J to I as government non-funds, which would have been divided into KRW 7:3,00,000,000,000,000 won as the expense for non-financing, such as the list of crimes Nos. 1.

However, in fact, the J Co., Ltd. (hereinafter “J”) did not own assets and did not have an intent and ability to invest KRW 5 billion in I even if it was under circumstances that the company’s liabilities were approximately KRW 1.8 billion, and it was difficult to cope with monthly rent in the office, and even if it received money from the victim.

As a result, the Defendants conspired in collusion and acquired 1 million won from the victim, such as the No. 1 in the annexed crime list.

2. Defendant C

A. The Defendant, as indicated in [Attachment 2] Nos. 2 of the List of Offenses, fraudulently verbally verbally referring to the victim and acquired KRW 2 million from the victim.

B. On October 2008, the Defendant, at the J office located in Guro-gu Seoul Metropolitan Government Office 102, Dong-gu Office 3004, the Defendant: (a) received a request from the victim to “to import scrap metal from Russia and to lend KRW 300 million as additional taxes and customs duties are required; and (b) borrowed KRW 100 million if she created KRW 100,000,000, KRW 500,000.”

However, even if the defendant receives KRW 100 million from the victim, he/she did not have the intent and ability to lend KRW 300 million to the victim, and he/she received the above KRW 100 million from the defendant L.

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