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(영문) 서울동부지방법원 2014.11.06 2014고단2753
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud against victim D;

A. On January 4, 2012, the Defendant, in collusion with E and F, stated that “In order to attract foreign capital, a lawyer’s fee is required to be paid to the victim D at the Defendant’s office operated by Yeongdeungpo-gu Seoul Metropolitan Government, and that the bank concerned ought to be scro and to make up for tax revenue by attracting foreign capital in the face of KRW 30 million.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to return the money to the victim by attracting foreign capital.

In collusion with E and F, the Defendant received a total of KRW 30 million and KRW 6 million on January 11, 2012, as indicated in [Attachment 1] Nos. 1 and 2 by deceiving the victim as above, and as such, transferred from the victim KRW 24 million on January 11, 2012, and KRW 30 million on December 12, 2012.

B. On July 2012, the Defendant: (a) at the Defendant’s office operated by the Defendant in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, the Defendant: “I would promptly attract foreign capital; (b) is a specialized investment company in Hong Kong and Switzerland; (c) is not to attract 100 million tons from the SHBC bank; and (d) is Switzerland HBS bank with a gold of 10,000 tons; (b) is a kind of black money and is planned to train with the persons related to UBS, which is the United Kingdom and the United Kingdom, and was to receive 10 billion won as domestic shares. In addition, the Defendant made a false statement that “I support business promotion expenses because I would prejudice foreign capital inducement.”

However, even if the defendant receives business promotion expenses from the victim, the defendant did not have the intention or ability to return the money to the victim by attracting foreign capital.

As above, the Defendant was transferred KRW 74,270,00 in total over 39 times from July 6, 2012 to March 11, 2014, as shown in the attached Table 3-42, by deceiving the victim as above, and receiving KRW 5 million from the victim on July 6, 2012.

Accordingly, the Defendant was given a total of KRW 104,270,000 by deceiving the victim D.

2. Fraud to the victim I.

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