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(영문) 대구지방법원 2016.01.07 2015고단3479
사기
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Defendant A of the 2015 Highest 3479 [Defendant A] has a relationship with Defendant B with a person without a certain occupation.

The Defendants, who are belonging to the accounting corporation, had access to the victims as if they were the creditors of the auction or collection of claims, and had the victims gain access to them, and had them gain money and valuables by deceiving them as if they would impair the collection of claims or receive auction.

1. On October 16, 2012, the Defendants conspired with the victim E in collusion with the victim E, and the Defendant B presented the victim as if the victim was the head of the “H accounting firm” office at the G car center operated by the victim E, which was located in the Gu-U.S. Si around October 16, 2012, and the Defendant A presented that the victim was the victim’s “H accounting firm,” and the victim may receive money that the victim had not been lent to others.

If a person does not receive money, he/she made a false statement to the effect that he/she would return the money received.

However, the Defendants did not have any substance, and the Defendants did not have any intent or ability to use the money received from the victimized party for the collection of their claims because they had thought to use the money received from the victimized person's personal obligation.

As above, the Defendants, by deceiving the victim, received KRW 11 million from the victim to the Agricultural Cooperative Account (I) in the name of Defendant A on the same day from the victim, and acquired it, and then received KRW 74,70,000 from the victim on a total of 16 occasions from December 26, 2013, as shown in attached Table 1 of Crimes List 1, from the victim on a total of 16 occasions, such as the cost of collecting the claim or the cost of participating in auction.

2. On December 3, 2012, the Defendants conspired with the victim J to commit fraud, and to the purport of Paragraph 1 of the said Article is as follows: (a) from the L of the victim J’s operation in Gu-U.S. Si-si around December 3, 2012.

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