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(영문) 서울중앙지방법원 2014.10.10 2014고단539
사기
Text

Defendants shall be punished by imprisonment for ten months.

However, with respect to the defendant B, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is an operator of the "E" of the sales agency company, and Defendant B is an employee of the said company.

On April 7, 2012, the Defendants made a false statement to the effect that “The Defendants were in charge of the sales agency work of J building, and if 100 million won is invested, 200 million won will be paid after three months.” As security against 100 million won, the Defendants would register one commercial building of the said building.”

However, the Defendants did not take charge of the sale agency work of the above building, and even if they received the investment funds from the victims for the sale agency work of the above building, they did not use it as the deposit money for the sale agency contract of the above building, but as the down payment required to enter into a contract for the sale agency work of the building and the expenses for the sale agency work of the building.

As such, the Defendant, by deceiving the victims as such, was given KRW 11 million on the 13th day of the same month, around the 16th day of the same month, around KRW 50 million on the 16th day of the same month, and KRW 39 million on the 17th day of the same month.

Accordingly, the Defendants conspired to acquire 10 million won in total.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness H, I and L;

1. Some of the statements made by the prosecution against the defendant A concerning the suspect interrogation protocol;

1. Protocol concerning the suspect examination of the defendant B by the prosecution;

1. Statement or entry of Ma in the second police examination protocol against A;

1. Each police statement made to H and I;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles 347 (1) and 30 of the Criminal Act concerning the facts constituting an offense and the election of a penalty;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act, considering the circumstances, such as the fact that the person commits an

1. The reason for sentencing under Article 62-2 of the Criminal Act (Defendant A) is the damage amount.

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