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(영문) 서울서부지방법원 2014.12.11 2014고단1152
사기
Text

Defendant

A Imprisonment of one year and two months, and Defendant B shall be punished by a fine of 5,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On November 2011, when Defendant A operated Hyundai LochiM(former Hyundai Plastism agency) and came to know that the victim G, who is operating a computer sales business in the name of the company located in Yongsan-gu Seoul Yongsan-gu, from the above EM, was under investigation by the prosecution, Defendant A introduced the victim as a corporate H Vice-Governor, who could help with much connection with the prosecution, to borrow money with the victim upon receiving a refund.

However, at the time, the Defendant had a debt equivalent to KRW 130 million at the time, and due to the outstanding amount of KRW 100 million for the existing trading companies, the Defendant refunded money from other persons to Hyundai LoM for its substitute payment, and even if the amount of the premium unpaid at the time of the agency acceptance remains and the fees were paid from Hyundai LoM, the Defendant did not have any intent or ability to pay the victim’s money normally with the above paid fees.

Nevertheless, the Defendant introduced the victim to the effect that he would be assisted by the prosecution because he had a lot of connection with B to the prosecution. On December 201, 201, the Defendant made a false statement to the effect that “The Defendant would immediately repay the money deposited at the head office within three days if he borrowed KRW 100 million to the victim at the head office of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company.”

Ultimately, the Defendant, by deceiving the victim as such, received KRW 100 million from the victim on December 29, 201, to the account in the name of the Defendant, and received from the said victim on March 30, 201, from that time, the Defendant made false statements to the victim as stated in the list of crimes, and received a total of KRW 345 million from the victim on three occasions.

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