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(영문) 서울중앙지방법원 2015.08.20 2015고단1608
사기
Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From October 201, Defendants were aware of the victim D with regard to the joint progress of electricity and energy business from around October 201, and Defendant A had been working as if the victims had been directly operating the said company since around 28 years prior to the acquisition of Construction Business Chain Co., Ltd. on April 2012.

Defendant

B called “A is difficult to collect money at the same time as it is difficult for A to collect money at the same time.” Since it is within a day, it is only KRW 20 million to be a revenue.” The Defendant called “B” called to the Defendant on August 2012.

Then, around 15:00 on August 27, 2012, the Defendants met the victim at the G hotel coffee shop located in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, and Defendant A told the victim to deliver money to the victim “A, prior to the prosecution, there are many places of money to be collected. As there is a lot of money to be collected within a day, the Defendant would be repaid immediately after the loan of KRW 20 million, and would pay the bank interest up to that time.” The Defendant B sent money to his own account.

However, even if the Defendants borrowed money from the victim, they thought that they will use 10 million won, regardless of the victim Eul corporation, and the Defendant A had experienced difficulties in recovering the outstanding amount from the transaction partner Eul corporation prior to that, so it was difficult for the Defendant A to recover the outstanding amount within several days. Moreover, even if the outstanding amount was recovered, the Defendants were to first use it in paying the outstanding amount with their own credit card price, etc., and Defendant B did not have a clear property or income source, so even if the money was used from the victim, there was no intention or ability to normally repay the principal and interest.

Nevertheless, on August 31, 2012, the Defendants conspired to induce the victim as above, and thus, were transferred from the victim to the Defendant’s national bank account in Defendant B with the borrowed amount of KRW 20 million.

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