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(영문) 서울중앙지방법원 2016.09.21 2015고단7931
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

However, from the date this judgment became final and conclusive, the Defendants.

Reasons

Punishment of the crime

Defendant

A means that, around May 25, 2014, at the victim F's house located in Seocho-gu Seoul Metropolitan City around May 25, 2014, the victim "B is awarded a contract for this big construction, and if the construction work is subcontracted with all of the construction work from B, the victim will remain in excess of KRW 200 million, 20 million will first be paid after two months after the loan for the construction work expenses, and the amount of KRW 30 million will be added again after two months, and the defendants will continue to pay KRW 20 million again to the victim in the mutual French coffee shop located in Seocho-gu Seoul Metropolitan Government Seocho-gu around May 30, 2014, the victim "I will pay money within the second month if I lend money for the expenses."

However, the above Yong-gun Housing Corporation was not able to resume construction since 2005, and since the defendants were economically difficult at the time, there was no intention or ability to repay the borrowed money at the time agreed with the victim.

On May 30, 2014, the Defendants conspired to induce the victim and wired the victim to the bank account under the name of the Defendant A on May 30, 2014, with a total of KRW 30 million, such as receiving KRW 10 million from the said bank account, and receiving KRW 20 million from the said bank.

Summary of Evidence

1. To record the Defendants in part of the protocol of interrogation of the suspect to the prosecution

1. Statement made by the police with regard to F;

1. Each investigation report (including the sequence 3, 4, 10, and appended materials in the list of evidence);

1. Application of Acts and subordinate statutes to the accusation, letter of intent to provide financial support, business agreement, each loan certificate, copy of a check in front of himself/herself, and copy of a passbook;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of punishment for a crime;

1. It is so decided as per Disposition on the grounds that Article 62(1) of the Criminal Act of the suspended execution (including the fact that the Defendants did not have any criminal history heavier than the fine so far, and that they agreed with the victim as soon as possible) is above Article 62 of the same Act.

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