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(영문) 서울서부지방법원 2019.03.28 2018고단1585
사기
Text

Defendant

A Imprisonment with prison labor for two years, and for one year, for Defendant B.

Reasons

Punishment of the crime

[criminal power] On June 7, 2016, Defendant A was sentenced to a suspended sentence of two years and additional collection of KRW 120 million for a violation of the Attorney-at-Law Act at the Seoul Central District Court on the one-year period of imprisonment, and the judgment became final and conclusive on June 15, 2016.

【Criminal Facts】

1. The Defendants were aware that they disposed of gold banks operated by Defendant B, the elementary school of the Defendant B, and recommended the victims to make investments on several occasions with the knowledge that they are running other businesses, and that Defendant A would be able to expand the business to ice because there is a large amount of profit in Seoul, making a personal rehabilitation and loan brokerage in Seoul. The Defendants would be able to secure the interest of the second of each month and return the principal immediately if they wanted to do so even before two years have passed since they made an investment. Defendant B said that “A will make a certain investment and make a full payment if they were responsible for the occurrence of the problem and make a full payment.”

However, in fact, Defendant A was urged to pay the debt amount of 200 million won including business funds borrowed from South and North Korea, and the income from personal rehabilitation business, etc. that Defendant A was under the circumstances where the payment of office operating expenses is insufficient, and even if Defendant A borrowed money from South and North in the name of investment funds, there was no intention or ability to repay it.

As such, the Defendants deceiving the victim, and thereby deceiving the victim, KRW 30 million on April 17, 2015, KRW 40 million on April 30, 2015, KRW 20 million on May 19, 2015, KRW 20 million on May 20, 2015, KRW 20 million on May 20, 2015, KRW 40 million on May 22, 2015, KRW 50,000 on May 28, 2015, and KRW 50 million on June 15, 2015, and KRW 50 million on June 5, 2015, and KRW 50 million on June 5, 2015, and acquired the total amount of KRW 300 million on the account in the name of the Defendant in the name of each of the Defendant.

2. Defendant A’s sole criminal conduct on November 2015, 2015, to the wife E of the victim C, who takes part in the Defendant’s office located in Chuncheon and below the Chuncheon City.

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