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(영문) 서울동부지방법원 2012.12.21 2012고단919
사기
Text

Defendants shall be punished by imprisonment for one year.

However, with respect to Defendant B, for three years from the date this judgment became final and conclusive.

Reasons

Criminal facts

[Fact-finding prior to the instant case] Defendant A is a director of F Co., Ltd. F, and Defendant B is a representative director of F Co., Ltd., and the Defendants are siblings.

The financial situation was not good to the extent that accounting books could not be prepared due to the failure of the accounting office to pay up to KRW 350,000,000,000 in the capital of the company to the extent of KRW 350,000.

【Criminal Facts】

Defendant

A around the beginning of August 2005, at H's office located in Songpa-gu Seoul Metropolitan Government, stated that "the principal shall be returned within one year even if the family business was failed, if the victim E were to build a main complex building on the neighboring site because the Embassy of Indonesia was worn out, and the principal is not in progress due to the shortage of KRW 300 million, it would be 20% of the company's shares, the principal will be paid within one year, and even if the family business was failed, the principal will be returned."

However, in order to move to the Embassy in Indonesia, the approval of the home country of Indonesia was required. At that time, it was not clear whether the country of Indonesia can receive the business license because it did not have any intention or ability to return the principal within one year.

Nevertheless, on August 19, 2005, the Defendants received a total of KRW 300 million from the victim’s office at the above H’s office located in Songpa-gu Seoul Metropolitan Government on August 19, 2005, such as receiving two copies of KRW 50 million check at the Defendant’s office located in Yeongdeungpo-gu Seoul Metropolitan Government I on September 7, 2005.

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

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of witness E;

1. Each part of the prosecution and police interrogation protocol against the Defendants (including E part of the testimony)

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a certificate of equity transfer;

1. Criminal facts;

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