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(영문) 서울동부지방법원 2013.10.10 2013고단218
사기
Text

Defendant

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

Reasons

Punishment of the crime

1. On April 26, 2007, the Defendant: (a) was in a bad credit position at the time at the F (State) office located in Jung-gu Seoul, Jung-gu; and (b) even if the operation of the Defendant’s (State) G was in a hostile state and borrowed money from the victim H, the Defendant did not have an intent or ability to repay it; (c) the Defendant did not have an intent or ability to repay it to the Defendant; (d) provided that “if he borrowed 30 million won from Dongdaemun-gu Seoul, Dongdaemun-gu I, he would have to pay it twice within one month; and (e) provided that the Defendant shall receive 30 million won from the victim; and (e) obtained it by deceptive it from the victim from June 25, 2009; and (e) obtained the total of KRW 3220 million from 14 times in total, as shown in the list of crimes, from that time to June 25, 2009.

2. On September 15, 2009, the Defendants’ co-principals of the Gangnam-gu Seoul K Hospital cannot pay profits even if they receive investments from the victim H, and Defendant A did not have an intent or ability to repay the amount of money that he/she has borrowed and has not repaid as provided in the preceding paragraph, with the bad credit standing at the time. Defendant A, who had been hospitalized in this area, jointly invested with the victim at least 33 lots of land and 33 lots of land and 400 million won of real estate, together with B, with 1/3 shares of the 1/3 share of the total amount, and then transferred the ownership to the victim, including the interest that he/she has not paid so far if he/she had to pay the amount of money. Defendant B took advantage of the amount of money that he/she has not paid so far. Defendant B, on September 17, 2009, transferred the amount of money to the victim with M& account around 300 million won and 300,000 N.381.

As a result, the Defendants conspired to deceive the victim, thereby deceiving 384 million won.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of the witness H;

1. The suspect interrogation protocol of Defendant A by the prosecution.

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