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(영문) 서울중앙지방법원 2018.08.29 2018고단442
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On March 10, 2017, the Defendant was sentenced to a suspended sentence of two years for a crime of fraud at the Seoul Central District Court (hereinafter “Seoul Central District Court”) and the judgment became final and conclusive on March 18, 2017.

[2] On November 2015, the Defendant and C wish to have the victim (state) representative G in the E hotel located in Seocho-gu Seoul Metropolitan Government, and C, while misrepresenting H’s former duties, receive loans from a domestic I bank in a bank in a foreign country (state), and receive loans from the I bank (state KRW 130 billion) by means of a bank opening method.

On December 23, 2015, the Defendant and C lent KRW 50 million to the victim at the same place as above, and made a false statement as the director of the J (State)J, on the ground that C’s transfer to H, and the Defendant is a person capable of undermining the inducement of foreign capital to the victim, such as (i) having been engaged in the inducement of foreign capital in the same manner as K (State).

However, the facts indicate that the Defendant and C, around June 2015, by deceiving L, running K (States), “I would have the right to sell unsold apartment units in lots, so I would have the right to sell the unsold apartment units if I would have the right to sell the unsold apartment units,” and it would again offer the said L to attract foreign capital under the name of the deposit.

In the course of making a false statement, it is also false, but it was filed against L on December 2, 2015 and was investigated around December 18, 2015, and there was no intention or ability to receive a loan with 100 million won from the victim.

The Defendant and C had by deceiving the victim as such and transferred KRW 50 million to the I Bank Account (M) in the name of the J around December 29, 2015 from the victim.

Accordingly, the defendant was given property by deceiving the victim in collusion with C.

Summary of Evidence

1. Statement by the defendant in court;

1. 2 times prosecutions with respect to C.

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