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(영문) 서울중앙지방법원 2015.02.12 2014고단5872
사기
Text

Defendant

A Imprisonment with prison labor for six months, for four months, and for three months, for defendant C, respectively.

, however, the defendant.

Reasons

Punishment of the crime

[Criminal Justice] On April 24, 2014, Defendant A was sentenced to one year of imprisonment with prison labor for the crime of uttering of forged securities at the Seoul Central District Court on August 30, 2014, and the said judgment became final and conclusive on August 31, 2014. On October 31, 2014, Defendant A was sentenced to eight months of imprisonment with prison labor to the Seoul Central District Court for fraud, and the said judgment became final and conclusive on November 8, 2014.

Defendant

B On March 14, 2014, the Seoul Central District Court sentenced 1 year and 6 months of imprisonment with prison labor and 3 years of suspended execution due to the crime of uttering of forged securities at the Seoul Central District Court, and on March 22, 2014, the said judgment became final and conclusive.

Defendant

C On May 22, 2014, the Seoul Central District Court sentenced one year and six months to imprisonment with prison labor for the crime of uttering of forged securities, etc., and the said judgment became final and conclusive on May 30, 2014.

【Criminal Facts】

1. On July 2012, Defendant A: (a) at a coffee shop in which it is impossible to ascertain the trade name near the Seocho-gu Seoul Seocho-gu Seoul Yangdong (Seoul), the Defendant stated that “50 million won is lent and money is lent to B; (b) 40 hours if money is lent to B; and (c) there is a profit in an amount equivalent to KRW 100 million if the goods are sold; (d) was delivered to C to the same purport; and (e) the said C told the victim H to the same purport.

However, the fact is that the defendant did not actually see the "specified thing" that refers to gold leader, invalidation claim, etc., or did not know about the above thing specifically, and there was no other property or income. Therefore, even if the money was received from the victim, there was no intention or ability to pay the principal and profit.

On July 10, 2012, the Defendant, by deceiving the victim as above, obtained a total of KRW 50 million from the victim, and acquired it through the above C at a coffee shop where the trade name in the Seocho-gu Seoul Metropolitan Government Yang Jae-dong cannot be known.

2. Defendant C and Defendant B borrowed KRW 50 million from H on the grounds of the circumstances described in paragraph (1). However, Defendant C and Defendant B borrowed the same.

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