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(영문) 서울서부지방법원 2019.01.23 2018고단2763
사기
Text

Defendant

A A shall be punished by a fine of KRW 5 million and by a fine of KRW 7 million, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B was sentenced to two years of imprisonment for fraud, etc. at the Seoul Central District Court on May 7, 2010. On February 12, 2011, the Seoul Central District Court completed the execution of the sentence in the North Korean Prison I prison on February 12, 201. On November 9, 2017, on August 17, 201, the same court was sentenced to two years of suspension of execution to eight months of imprisonment for fraud and became final and conclusive on November 17, 2017.

On October 201, the Defendants conspiredd with the victim C at the coffee shop near Seoul Jung-gu Seoul, Jung-gu, Seoul, the lower court stated that “If the present net capital is insufficient, the Defendants will complete payment within one month, and subcontract the removal of obstacles to the D urban development zone located in Kimhae-si.”

However, in fact, even if the Defendants borrowed money from others, they did not have any intent or ability to repay it without any particular property or source, and there was no delegation of authority to conclude a subcontract from E holding the right to remove obstacles in the D urban development zone located in Kimhae-si, and there was no intention or ability to subcontract the removal of obstacles.

On November 2, 201, 201, the Defendants deceptiond the victim as such and transferred 20 million won to the F Bank account (Account Number: G) in the name of the Defendant under the pretext of borrowing from the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Main contract;

1. Each police statement of C and E;

1. A detailed statement of account transactions by a suspect;

1. A suspect B statement of account transactions;

1. Previous records: Application of criminal records, reply reports (defendant B) and Acts and subordinate statutes on the acceptance status of each individual;

1. Articles 347(1) and 347(1) of the Criminal Act and the Defendants’ choice of punishment for the crime: Articles 347(1) and 30 of the Criminal Act

1. Defendant B who handles concurrent crimes: The latter part of Article 37 and Article 39(1) of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. Defendant A’s crime.

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