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(영문) 인천지방법원 2017.12.14 2017고단1760
사기
Text

Defendants are not guilty.

Reasons

Summary of Facts charged

1. On October 10, 2014, the Defendants made a false statement to the effect that “The Defendants, at the coffee shop located in Seongbuk-gu Seoul Sungsung Women’s University, “If the money was to import the drug in a large amount at E, they may have the victim D (70 years of age) enter into a multiple fake contract if the money was to import the drug in a large amount, and if the money was less than seven million won, he/she shall be paid the interest of one million won after the month when he/she borrowed the KRW 7 million.”

However, in fact, the above E was a company with no actual sales, and it was not clear whether the above E was imported from a weak credit, and all the Defendants did not have any intent or ability to repay the above even if they received money from the victim.

The Defendants conspired to deception the victim as above and obtained 7 million won in cash from the injured party and acquired it by deception.

2. On October 30, 2014, the Defendants made a false statement to the effect that “If the Defendants fail to offer cash, there may arise a problem in the sales right, and if they are not sent money, they may not receive any money already sent to the Defendants.”

However, in fact, the above E is uncertain in terms of transaction partners and investors' security, and it is not clear whether to import the drug or not, and all the Defendants did not have the intent or ability to repay even if they received money from the victim.

The Defendants conspired to induce the victim as above, and then acquired money from the victim with the delivery of KRW 13 million from the victim.

3. On November 21, 2014, the Defendants made a false statement to the above victim at the seat of the branch office of the Bank in Seongbuk-gu Seoul Seongbuk-gu Seoul Metropolitan Government (hereinafter referred to as “the said victim’s lending of the said amount to the said sum.”).

However, in fact, the above E was a company with no actual sales, and it was not clear that the customer and the investor have been secured, as well as both the Defendants are bad credit holders and the victims have received money.

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