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(영문) 서울남부지방법원 2017.02.08 2016고단1365
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, for five months, for each of the defendants B and C.

Reasons

Punishment of the crime

Defendant

A is a representative director of H's operating director of the Dispute Resolution Institute, who is sentenced to imprisonment with labor in the Incheon District Court on October 22, 2014 and has been finalized on the same day, and Defendant B is a business director of the Dispute Resolution Institute, and Defendant C has been in charge of affairs, such as arranging sales by proxy of H and borrowing business funds.

On February 2, 2013, the Defendants borrowed KRW 50,00,00 from around 1, 200 to around 1, 2013, “AD is proceeding with a new K construction project in the Jung-gu Incheon Jung-gu, Incheon, and will act as an agent for the sale of the new construction project.” However, as the above promise cannot be complied with, the Defendants were urged to repay the debt from the I, the Defendants borrowed money from the victim L with the false statement that “AD will have the right to execute the above K Model E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

Accordingly, Defendant A prepared a certificate of deposit of KRW 50 million in his own name and conspired with the victim via Defendant B and Defendant C, and Defendant C made a false statement to the victim that “A is proceeding with the new K-built construction work in the Jung-gu Incheon Metropolitan CityJ, which is in progress in the middle-gu, Jung-gu, Incheon, China.”

However, in fact, the Defendants were not able to pay the down payment for the newly constructed site of the above K, and only borrowed money from the above new K-built loan to the large amount of debt, and even if they borrowed money from the damaged party due to no financial ability, they thought to use it as debt repayment and cost of living with the above I, and therefore, they did not have the ability to normally perform the said new K-built construction.

In collusion, the Defendants, as seen above, conspiredd the victim to deception, and acquired the amount of KRW 48 million from the victim on May 27, 2013, KRW 500,000 from May 30, 201, KRW 500,000 from May 30, 2013, and KRW 500,000 from the early police officer on June 2013, respectively.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement made by a witness L;

1. Part of the prosecution examination protocol against Defendant A (Defendant B, 1)

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