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(영문) 서울북부지방법원 2013.12.27 2012고단2741
사기
Text

Defendant

A shall be punished by imprisonment for a period of two years and six months, and imprisonment for a period of one year and six months, respectively.

Defendant

The facts charged against B.

Reasons

Punishment of the crime

Defendant

B On October 25, 2012, the Seoul Northern District Court sentenced four years of imprisonment for fraud, etc. at the Seoul Northern District Court, which became final and conclusive on January 10, 2013.

Defendant A, on August 19, 201, stated the victim G bill of indictment in his/her legal office located in Gangnam-gu Seoul F building 303 on August 19, 2011, but the victim is the J (the representative director of K Co., Ltd.). However, the person who was at the time and place specified in the facts charged is the chairperson of K Co., Ltd. (the chairperson of K Co.).

Around August 24, 2011, the term “to borrow KRW 17 billion from August 24, 201 as agreed money.”

However, even if the defendant A received the agreed amount from the victim, he did not have the intention or ability to borrow 17 billion won.

Defendant

A received 100 million won cashier's check from the victim for the purpose of a contract at the face value from the victim, namely, at the face value, and acquired it by fraud.

around March 2011, Defendant A stated to the effect that “The agreed amount of KRW 34 billion shall be KRW 300 million to borrow KRW 34 billion from the victim H at the said legal office. If the agreed amount of KRW 300 million is loaned, Defendant A said that “The principal will be KRW 300 million and interest thereon shall be paid within 15 days after the receipt of the agreed amount.”

However, even if the defendant A received the agreed amount from the victim, he did not have the intention or ability to pay the agreed amount and the interest thereon on the agreed date.

Defendant

On April 14, 2011, A received three cashier's checks that cause 100 million won in face value as agreed money from the victim in the above legal office.

"2013 Highest 400"

1. Although Defendant A’s sole criminal conduct was prosecuted with Defendant B’s joint criminal conduct, the lower court acquitted Defendant B of this part of the charges as examined below.

Defendant

A around March 18, 201, the victim E in the above legal office is "40 billion won under the name of the construction of housing and the development of housing sites for 95 lots, such as Gyeongcheon-si I.

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