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(영문) 서울중앙지방법원 2018.08.24 2017고단9095
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to four months of imprisonment for fraud at the Seoul Eastern District Court on April 5, 2018 and the judgment became final and conclusive on August 4, 2018.

[Criminal facts] On May 20, 2016, the Defendants received an order from the victim E to implement G urban development projects that implement the construction of a new commercial apartment building in the Filju City in Gangnam-gu Seoul on May 20, 201, and decided to jointly implement with H.

I would like to borrow the money necessary for the project to carry out the project and pay the removal of the project at the latest within three months.

“The phrase “ was false.”

However, the Defendants did not receive H and G urban development projects, and the office rent was not paid, and even if they did not borrow money from the damaged party due to the lack of property or income, they did not have the intent or ability to perform the removal of the project and to pay the money borrowed within three months.

The Defendants, as such, by deceiving the victim, received KRW 30,000,000 in total from the victim on May 10, 2016, including KRW 5,000,000 on May 20, 2016, and KRW 30,000,00 in Defendant B’s account under the name of Defendant B.

As a result, the Defendants conspired to receive the property of the victim.

Summary of Evidence

1. Defendant B’s legal statement

1. Each legal statement of E and K;

1. A contract for removal works;

1. Application of Acts and subordinate statutes for verification of transfer of Internet banking;

1. Relevant Articles 347(1) and 347(1) and 30 of the Criminal Act concerning the Defendants who choose to commit the crime;

1. Defendant A who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act (the degree of participation, records of crimes, etc.);

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