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(영문) 부산지방법원 2019.05.15 2018고단5528
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of eight months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. The Defendants’ joint crime committed is a person who operates a maritime cruise business under the trade name of “C Co., Ltd.”, and Defendant B is a person who operates an E Licensed Real Estate Agent in Busan, the plane captain-gun, and the Defendants are the vice versa.

On August 24, 2016, the Defendants conspired to enter into a contract with the victim F to the effect that “The 25,000 tons-class cruise ship from Japan to Busan shall be entered into at least 11 billion won. Expenses are required to enter into a contract. It was a false statement to the effect that “The 5,000 tons-class cruise ship will be granted to the 25,000 tons-class cruise ship and will be sold to the executive officers of the cruise business.”

However, the Defendants did not have any intent or ability to carry out the business properly or to carry out the cruise shop according to the promise even if they received money from the victims because they did not have money to carry out the business.

From August 24, 2016, the Defendants: (a) by deceiving the victim; and (b) received KRW 5 million from the victim via G (H) account in the name of the Defendant A around August 24, 2016.

B. On December 20, 2016, the Defendants conspiredd to the Defendant at the J coffee shop located in Busan Central Government Organization I, and falsely stated that “The Defendant entered into a contract and paid KRW 500 million to the victim KRW 47,000 tons of cruise ship in China and KRW 12 billion of the provisional contract amount. If the Defendants borrowed KRW 30,000,000,000, the Defendants would give 5% of the shares to directors, such as children, and give 5% of the shares.”

In fact, however, there was no contract for the Chinese cruise ship, and there was no intention or ability to carry out the business properly or to carry out the cruise ship according to the promise.

The Defendants, as such, by deceiving the victim, received KRW 30 million from the victim to the K Bank account in the name of the Defendant A (L) around December 20, 2016.

C. The Defendants conspired, and around January 26, 2017, in the office Nho Lake Office of Busan metropolitan M&M building N, the “marine hotel operation fund is required” for the victims.

4 million won.

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