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(영문) 서울중앙지방법원 2016.08.17 2015고단8276
사기
Text

Defendant

A Imprisonment with prison labor for one year and for six months, respectively.

Reasons

Punishment of the crime

In collusion with F, around April 2010, the Defendants purchased “H” office located on the 10th floor of the Gangnam-gu Seoul Metropolitan Government G G G building site in Ansan-si under the name of the “JJ Co., Ltd.” of the agricultural corporation where the victim I is the representative director, and carried out the development project of the Song-si five farming complex development project, Defendant B prepared a false document stating “F’s intention to loan” as if he could lend 30 billion won to F as the president of the agricultural corporation where the victim I is the representative director, thereby allowing the Defendant to deliver it to F. M., who is the victim’s partner, as if he could cause the victim to obtain the loan for the purpose of raising the above business fund.

However, in fact, since it is impossible to lend 30 billion won in connection with the above business from the Youngpo Agricultural Branch L branch, the Defendants did not have any intent or ability to buy the loan even if they receive money from the injured party as a loan intermediary expense.

Nevertheless, on April 5, 2010, the Defendants deceptioned the victim as above, and received KRW 20 million from the Defendant’s account to the Defendant’s account in consideration of the loan arrangement cost, and Defendant A received KRW 50 million in total from the above G building coffee shop on the same day by receiving KRW 50 million as a check through M.

Summary of Evidence

1. Each legal statement of the witness I, M, N, andO;

1. Statement made by the prosecution against theO;

1. Partial statement concerning the police interrogation protocol concerning F; and

1. Application of the Acts and subordinate statutes to a petition for accusation, copy of passbook, copy of check, and loan;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. It is so decided as per Disposition on the grounds of an alternative imprisonment or heavier punishment;

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