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(영문) 인천지방법원 부천지원 2015.12.18 2015고단2428
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

Defendant

B A person shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Defendant

B On March 25, 2015, the Seoul Central District Court sentenced ten months of imprisonment for fraud at the Seoul Central District Court and decided June 15, 2015.

The Defendants, together with E, tried to acquire money from victim F by doing so, as if they would invest KRW 20 billion in the construction project of the main complex building that is promoted by the Gopoe Communications in Kimpo-si, Kimpo-si, Kimpo-si.

Defendant

A around March 2, 2012, at the H office of the law firm H, located in the Seocho-gu Seoul Metropolitan Government 14th floor, introduced Defendant B and E to the victim as the president who can raise funds of KRW 20 billion in the above business. A then made the victim present a copy of the passbook where the balance of KRW 135 billion is deposited, and then paid to the victim an amount equivalent to KRW 20 billion in total of agreed money and advance interest by March 20, 2012.

However, the Defendants and E did not have the intent or ability to invest in the projects promoted by the victim as above.

Nevertheless, the Defendants, by deceiving the victims together with E and deceiving them as agreed money from the victims on March 2, 2012, as well as KRW 20 million on or around June of the same month, KRW 80 million on or around June of the same month, KRW 75 million on or around the 20th day of the same month, KRW 40 million on or around the 22th day of the same month, and under the pretext of recognition, the same year.

6. A total of KRW 219 million, including KRW 4 million around 22.2 billion, was delivered to an account of national bank in the name of E, respectively.

Accordingly, the Defendants received property by deceiving the victim in collusion with E.

Summary of Evidence

[Defendant A]

1. The defendant A's partial statement

1. Legal statement of the witness F, and part of the witness B’s legal statement;

1. Part of the statement made by the public prosecutor F in the second protocol of interrogation of Defendant A;

1. The police statement concerning F;

1. A criminal investigation report (a copy of the book submitted by the complainant);

1. A copy of the details of passbook transactions and each request for the provision of financial transaction information shall be made;

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