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(영문) 서울남부지방법원 2019.08.23 2018고단1981
사기
Text

Defendant

A Imprisonment for 10 months, Defendant B and C shall be punished by imprisonment for 8 months.

However, this judgment is delivered against Defendant B and C.

Reasons

Punishment of the crime

Defendant

A is the Chairperson of the Bank of Korea, which is a financial consulting and financial intermediary, and Defendant B was the representative director of the company, and the relationship is between A and A, and Defendant C is the person who operates the Bank of Bankruptcy, which is a fund raising business at the same place as the above Defendants.

Defendant

A and Defendant B stated, in April 2017, the victim H (52 years of age) from the Geumcheon-gu Seoul Metropolitan Government F Building G to the victim H (52 years of age) in the Geumcheon-gu Seoul Metropolitan Government F Building G, “I may receive investment of KRW 100 billion in the construction site in D operated by us, and pay KRW 100 million as a security deposit to the victim.” The Defendant C stated, “I have considered internal funds and will have to believe.”

However, the above D operated by Defendant A and Defendant B had no business performance from around 2013 to around 2017, and there was no office rent or office fee at the time. Therefore, even if the Defendants received money from the victim, they did not have an intent or ability to receive an investment of KRW 100 billion.

Nevertheless, on April 28, 2017, the Defendants conspired to join the victim and prepare a joint agreement with the victim to consult about the attraction of the project funds for the I Multi-Family Development Project at the above location on April 28, 2017, and received KRW 50 million from the victim to the Defendant A’s account under the name of the deposit money for attracting KRW 100 million.

In the end, the Defendants conspired with the above, thereby deceiving the victim, and acquired money from the victim.

Summary of Evidence

1. Legal statement by the witness J;

1. Each statement of witness K and H in the fourth trial record;

1. Prosecutorial suspect interrogation protocol against the Defendants

1. A protocol concerning the examination of a suspect against the defendant A or B (including H, K, and C substitutes);

1. Each police statement of H;

1. Investigation report (Attachment to a receipt for official remittance of KRW 50 million);

1. Each record, a summary of the project site, and an explanation thereof;

1. Complaints, certificates of accreditation, respectively.

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