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(영문) 서울서부지방법원 2014.12.24 2014고단3132
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, a joint criminal conduct with C, was the former secretary of the organization called “D” and had C, the president of the above organization, to acquire money by borrowing money under the pretext of operating expenses, etc. of the above organization.

On November 2009, the Defendant, along with the above C, made a false statement with the victim F at the above “D organization” office in Jongno-gu Seoul Etel 1008, Jongno-gu Seoul, Seoul, stating that “If D organization lends expenses, such as insufficient office operating expenses, as it can make profits from its business related to foreign money, it shall be repaid several times.”

However, the defendant and C did not have any business specially promoted through the above organization, and did not properly seek operating expenses of the office, and even if they borrowed money from the victim F due to the lack of special property and revenue, they did not have any intention or ability to repay it.

Nevertheless, the Defendant and C received 6 million won from the Victim F as a loan, around November 26, 2009, as well as 34.5 million won through six times from that date to January 19, 2010, as indicated in the list of crimes in the attached Table. The Defendant and C received 36 million won through six times as indicated in the list of crimes in the attached Table from March 22, 2010 to April 1, 201. The Defendant and C received 36 million won through six times as indicated in the list of crimes in the list of crimes in the attached Table, from the victim F and G for a total of 12 times.

Ultimately, the Defendant conspired with C to receive property by deceiving victims as such.

2. The Defendant’s sole criminal conduct (the fraud against the victim H) was committed by borrowing money under the name of the said organization’s security as the former affairs of the organization “I” (the president J) in the vicinity of Jongno-gu Seoul Metropolitan Government Jongno-gu.

The defendant around April 30, 2009 is the victim in a mutually incompetence in Seoul Jung-gu.

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