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(영문) 부산지방법원 동부지원 2018.05.16 2018고단439
사기
Text

Defendants shall be punished by imprisonment for one year.

However, with respect to Defendant A, the same shall apply for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B A is a person working for a "F" company that performs duties such as parking and environmental management, etc. in Busan-gun D located in D, and Defendant A is a spouse of Defendant B.

The Defendants knew that Defendant A’s Lee Jong-tae’s Lee Jong-chul operated the clothing store, and agreed to receive money from the victim as if Defendant B had the victim enter the store in E with Defendant B’s expenses.

On March 2015, Defendants would allow the victim to reside in the E, in the victim’s residence located in H in Busan-gun, Busan-gun on March 2015.

A total of KRW 2,50,000 is entered with introduction expenses, entertainment expenses for a person in charge, entertainment expenses, and street funds, etc. in order to make a sales as a private occupation owner and to carry out a sales.

It is intended to allow the establishment of the street funds to move into the main place.

“A false statement” was made.

However, in fact, Defendant B or the above I was an enterprise with no relation to the entry of E, and Defendant B did not have any influence on the entry of the store, nor did it enter into the position of an individual occupant in the structure of E’s occupation. The Defendants did not have any capacity or intent to sell the victim’s store to E because they received money from the injured party, and they did not have any desire to use the money as living expenses, etc.

Nevertheless, on March 31, 2015, the Defendants: (a) by deceiving the victims as above; (b) received KRW 20 million from the victims in front of the agricultural cooperatives located in the Eup/Myeon’s articles of incorporation in the Busan District; and (c) received KRW 98,400,000 from around that time to June 1, 2016 on four occasions, such as the list of crimes in attached Form 4.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspect against the Defendants (including the questioning part against G)

1. Statement of the police statement related to G;

1. Each report on investigation;

1. Application of monetary recording CDs-related Acts and subordinate statutes 1.

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