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(영문) 광주지방법원 2014.02.13 2013고단403
사기
Text

1. Defendant B shall be punished by imprisonment for one year.

2. Defendant A shall be punished by imprisonment with prison labor for one year.

except that this shall not apply.

Reasons

Punishment of the crime

[criminal record] On August 10, 201, Defendant C was sentenced to eight months of imprisonment with prison labor at the Seoul Western District Court for the commission of stolen goods and appealed therefrom, and the appeal was rendered on November 8, 201 by the same court and the judgment became final and conclusive around that time.

[2013 Highest 403]

1. I and B’s joint criminal conduct - Borrowing I do not obtain any profit while operating a mobile phone agency, and according to the prosecutor’s interrogation protocol on the defendant B’s legal statement and the defendant’s interrogation protocol on the defendant’s investigation (record 1329 of the investigation record), the above money is deemed to be an investment in a mobile phone rather than a borrowed money. Thus, the above money is changed as above.

In the event that debts, including the above, fall short of money, Defendant B requested on May 2010 to Defendant B to “I would like to lend money to B and make interest profits from it before the victim H, so I would like to borrow money from the victim, and the Defendant B accepted this.”

around May 7, 2010, Defendant I and Defendant B stated that “Kk Center operated by the victim in the Seo-gu in Gwangju, Seo-gu, Gwangju,” “I would lend money to the victim and receive interest, and would pay the principal at 7-8% interest per month on the loan of cash,” and Defendant B would receive interest on the loan of money from the victim after one year, and Defendant B would be free from lending money to I in good faith and to lend money to I.B. B. B. B. B. B. as a non-loan, I’s cell phone agent is 80,000 won, and the deposit is 80,000 won, and there is no doubt as it is possible to seize the deposit, etc. if notarial deed.”

However, in fact, I did not engage in the bond business, there was almost no profit in the mobile phone agency business, and should pay 7 million won or 20 million won per month in connection with the mobile phone agency business at the time.

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