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(영문) 서울서부지방법원 2016.11.17 2016고정1079
사기
Text

Defendant

A A shall be punished by a fine of 2,000,000 won, Defendant B shall be punished by a fine of 7,000,000 won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

In fact, even if the Defendants received money from the victim C for the purpose of operating the brine cafeteria at the construction site of the D Complex Development Project, they did not have the intent or ability to allow the victims to operate the brine cafeteria.

Nevertheless, around August 1, 2014, the E-F means that, “A 20,000 won comes from the right to operate a restaurant within the construction site of the D Complex Construction Project” to the victim at the coffee shop located in the New Seo-gu Seoul Seo-gu Seoul, Seodaemun-gu, Seoul, “A 20,000 won is going to 7-8 years from the construction site of the D Complex Construction Project. It would not interfere with a lifelong eating and drinking will be. It is necessary to pay 20,000 won as security deposit and 30,000 won at the introduction cost.” The Defendant A and B introduced the victim from the second floor of Bupyeong-gu, Incheon, Seo-gu, Incheon, to “20,000 won from the down payment to the down payment to 20,000 won” and received from the victim under the name of 3,000 won from the victim in the name of the EF on the same day.

As a result, the Defendants conspired to deceive the victim, thereby deceiving 50 million won.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol of Defendant B by the prosecution;

1. An interrogation protocol of F by prosecution;

1. The suspect interrogation protocol of the defendant A by the police;

1. Police suspect interrogation protocol regarding E;

1. Statement to C by the police;

1. Investigation report (the result of executing a warrant for search and seizure applying a financial account), requests for financial transaction information, and details of replies;

1. Investigation report (to hear a complainant's telephone statement);

1. An on-site restaurant operation contract;

1. Application of each statute on a loan certificate;

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Article 347(1) of the Criminal Act; Article 30 of the Criminal Act; and the choice of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: each of them.

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