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(영문) 수원지방법원 안양지원 2018.05.25 2017고단2329
사기
Text

Defendants shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to two years of imprisonment for fraud at the Seoul Northern District Court on August 12, 2016 and three years and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on February 3, 2017, and the above judgment became final and conclusive on May 11, 2017.

Defendant

B was sentenced to ten months of imprisonment for a crime of fraud at the Seoul Northern District Court on August 10, 2012, and the execution of the sentence was terminated on March 29, 2013 at the Dong Branch of Seoul, the Seoul Northern District Court on August 12, 2016; two years of imprisonment for a crime of fraud at the Seoul Northern District Court on February 3, 2017; and one year of imprisonment for a crime of fraud at the Seoul Northern District Court on February 3, 2017; and the said judgment became final and conclusive on May 11, 2017.

[ criminal facts] Defendant B was the representative director of the Gangnam-gu Seoul Metropolitan Government F Building No. 503, and Defendant A was the actual operator of the said G, who used the said company's office externally and arranged for the transfer of ownership.

On November 19, 2013, the Defendants would arrange for the victim J to obtain a loan of KRW 25 billion in relation to the project promoted by the victim J at the 11st floor office located in the Seoul Special Metropolitan City Gwangjin-gu H.

It stated that "300 million won is changed under the pretext of mediation and brokerage commission."

However, in fact, since from around 2010, the Defendants had been demanded by the clients to refund the loan fee due to failure to offer a series of loan brokerages, the Defendants did not have the intent or ability to arrange the loan promised to the victims even if they received the above money.

As such, the Defendants deceiving the victim and received 300 million won of the check from the victim, namely, the fee for loan brokerage.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police to J;

1. A copy of a check;

1. A previous conviction: A criminal history inquiry and investigation report (the previous one).

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