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(영문) 서울동부지방법원 2015.12.09 2015고단2372
사기
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around December 16, 2014, at the E office where the victim D, located in the third floor of the Songpa-gu Seoul building, is a regular business, was the victim of the E office, who was aware of in-house, “The inside date (the date, December 17, 2014) is the date of the listing of the shares of Samsung C&I, and in relation thereto, it is well-known with the chairperson, who participated in the creation of Samsung Group’s non-fund. The chairperson, who, in turn, got her from the thesis that he had the right to purchase approximately KRW 80 million out of the shares allocated in relation to the Samsung T&I stocks of Samsung C&I, and there is no money worth KRW 40 million for now. The remainder of the shortage is the only one who borrowed another, but I would be able to lend D&I an opportunity to grant D&I’s opportunity to purchase the shares after one month.

On the same day, the Defendant made a false statement to the victim F, the representative of the above company, through the victim D.

However, the defendant had no assets at the time, and there was no intention or ability to pay two times the amount of money borrowed from the victims to the victims on September 2014, even if he/she received money from the victims, since he/she thought that he/she would use the money to repay the investment funds of the defendant's pro-Japanese G that invested in SamsungS stocks through the defendant, even if he/she received money from the victims.

The Defendant received KRW 15 million from the Victim F to the Agricultural Cooperative (H) account under the name of the Defendant on December 17, 2014 from the Victim F as the borrowed money, and received KRW 15 million from the Victim D on December 18, 2014 as the borrowed money.

Accordingly, the Defendant, by deceiving the victims, received a total of KRW 30 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made by the police and the prosecutor's protocol of examination of the accused;

1. Statement made to D by the police;

1. Related data, savings deposits, etc.;

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