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(영문) 인천지방법원 부천지원 2014.11.24 2014고단656
사기
Text

Defendants shall be punished by imprisonment for six months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Defendant

A is the representative of the corporation I, which is the main body of operation of HH in Hasung-si, G, and Defendant B was a person who actually invested in money and actually operated one Council member.

On June 19, 2013, the Defendants conspiredd with the victim F by stating that “The Defendants would make an investment of KRW 50 million in the Korea-U.S. Won-gu J 502(State Office)” with the profits of KRW 40 million or more per month, and Defendant B would make an investment of KRW 50 million in the Korea-U.S. Council, with the profits of KRW 10 million or more per month, 1/3 of the shares of Korea-U.S. Council and give 1/3 of the profits every month.”

However, due to the poor operation of Korea Council members, the monthly rent was in arrears for eight months, and the name of the tenant of Korea-style Building was not a H Council member, and the lease deposit was not a security for the social welfare foundation. Under the same conditions as L, there was no intention or ability to pay shares and profits even if L receives an investment amount of KRW 30 million and KRW 1/3 of the monthly profit.

Nevertheless, as above, by deceiving the victim and deceiving him/her from the victim, the amount of KRW 30 million on June 24, 2013 and the same year.

8.9.5 million won was remitted and acquired through fraud.

Summary of Evidence

1. Part of Defendant A’s legal statement and Defendant B’s legal statement

1. Each legal statement of witness F and B;

1. An investigation into trade relations;

1. An agreement on joint management;

1. He/she shall reach an agreement on acquisition and transfer ofH Council members, and an agreement on cancellation of a real estate lease agreement;

1. Preparation and reporting of a stenographic record, and the application of Acts and subordinate statutes of the record of telephone statements made by reference L;

1. Relevant Articles of the Criminal Act and the Defendants’ choice of punishment concerning the facts constituting the crime: Article 347 (1) of the Criminal Act;

1. The grounds for sentencing under Articles 32(1) and (2) and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Dismissal of Application for Compensation (the scope of liability for compensation is not clear) are in light of the methods and contents of the instant crime.

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