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(영문) 서울중앙지방법원 2014.02.14 2013고단3551
사기
Text

Defendant

A Imprisonment with prison labor for two years, and for one year, for Defendant B.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is a director of D(hereinafter referred to as “D”) and Defendant B is a representative director of D.

From May 2012, the Defendants: (a) from around May 2012, the victim E, a business that purchased the clothing in the Seodaemun branch and sells it in Japan, transferred the clothing price to a corporation account in Japan, the Defendants withdrawn it and delivered it to F that helps the victim or the victim work in Korea, and (b) delivered it to the said gate so that the money for clothing can be paid to the said gate merchants.

Defendant

A around August 29, 2012, at the office located in Seocho-gu Seoul Metropolitan Government Seoul Metropolitan Government, said that “If the money for clothes purchased in the Dongdaemun-gu market is remitted to the D corporation account, it would be exchanged and paid to F.” to the victim in Japan.

However, the Defendants, even if the victim remitted the money for clothes, did not intend to deliver it to F, and did not receive the money for the victim, and received the money for the clothes remitted by the victim, and did not use it as a debt repayment, etc. from the Defendants.

Nevertheless, on August 29, 2012, the Defendants received 12 million UN (Korean Won 172,800,000,000) from the victim to the account in the name of the National Bank in D name.

As a result, the Defendants conspired to deception the victim by deceiving the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness E, F, and H;

1. Application of each of the prosecutor's offices and police interrogation protocol against the Defendants as to each part of the written statements

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act:

1. Determination on the defendants and defense counsel's assertion of Article 62-2 of the Criminal Act

1. Claim to receive the repayment of obligation;

A. It was true that the alleged Defendants received money stated in the judgment from the victim.

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