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(영문) 수원지방법원 2012.10.11 2012고단1498
사기
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

From March 22, 2007, the Defendants made an investment of KRW 300,000 (40,000,000) necessary for the business until March 22, 2007 to the victim G, “A may establish H for the purpose of real estate sale, lease, and sale business, and gain a substantial profit from the business of selling commercial buildings in the reconstruction association apartment complex constructed in the SK Construction.” The Defendants issued the amount needed for a provisional contract with SK and the cost of establishing a corporation. From March 15, 2007 to the victim under the name of 30,000,000,000 won (hereinafter “victim”) to the victim’s deposit account in the name of 30,000,000 won (hereinafter “the victim”) as the basis for the profits accrued from the above business, and the victim demanded the victim to make a total of KRW 300,000,000,000 to the 30,000,00 won (3.4,00,0000).

However, in fact, the Defendants were planned to transfer the additional KRW 30 million to the individual passbook separately from the above 400 million, and to use it for personal purposes. The Defendants did not have the intent or ability to repay even if they received KRW 30 million from the victim under the false name.

Nevertheless, the Defendants transferred KRW 30 million, out of KRW 330 million deposited into the bank account of the above J, to Defendant B’s bank account around March 30, 2007. At that time, Defendant B’s personal office operation funds and Defendant A’s rental apartment contract deposit.

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