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(영문) 서울중앙지방법원 2018.09.05 2017고단7991
사기
Text

Defendant

A shall be punished by a fine of five million won and by imprisonment of six months for each of the defendants B.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

B On November 11, 2016, the Seoul District Court was sentenced to a suspended sentence of ten months for a crime of fraud in the Eup branch of the Jeonju District Court on October 201, and the judgment became final and conclusive on November 19, 2016.

On December 3, 2015, the Defendants conspired with the victim G at the second floor office of the Seocho-gu Seoul Metropolitan Government F Building on the second floor office of the Seocho-gu Seoul Metropolitan Government, and there is a lot of profits if they take over and operate recreational facilities due to the failure to reside in the border of North Korea.

When lending KRW 50 million, the right to benefit related to this project shall be given, and the total amount of KRW 80 million shall be paid, in addition to the profit of KRW 30,000,000,000,000.

“Falsely speaking to the effect that it is “......”

However, in fact, the Defendants did not have any intent or ability to fully repay money borrowed from the victim due to the absence of any intent or ability to grant any right to benefit to the victim in relation to the above amusement facilities and the financial situation was not sufficient.

On December 3, 2015, the Defendants: (a) by deceiving the victim; (b) obtained 10,000 won from the victim’s new bank account in the name of Defendant B on December 4, 2015; (c) 2,50,000 won from the same account on December 4, 2015; and (d) obtained 10,000 won from the same account on December 7, 2015; and (c) 5,000 won from the same account on December 8, 2015.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness G;

1. Ascertainment of repayment of borrowed money, copy of passbook, inquiry of transaction details, and inquiry of transaction details of new banks;

1. A summary of H business and a receipt;

1. Previous convictions in the judgment: Inquiries about the criminal history of Defendant B, reporting the results of the investigation of the previous convictions and previous convictions in the disposition (No. 25 No. 5 of the evidence list), and applying each copy of the judgment (No. 26, 27 of the

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act (Defendant A shall be punished by a fine, and Defendant B shall be punished by imprisonment with labor, respectively);

1. Defendant B who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A of the provisional payment order: Criminal Procedure Act.

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