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(영문) 서울남부지방법원 2014.03.21 2013고단628
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant pays 50,000,000 won to an applicant for compensation.

This compensation order.

Reasons

On February 14, 2013, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Seoul Southern District Court (Seoul Southern District Court). On August 23, 2013, the above court was sentenced to dismissal of the appeal. The above judgment became final and conclusive on August 31, 2013.

Punishment of the crime

Around March 2006, the Defendant listened to the horses that the victim-friendly C is in need of business funds in Company D, a corporation where the victim-friendly C had been on duty, and told C to the effect that “The Defendant would transfer the loan expenses to the Defendant’s account to the Defendant’s account so that it may obtain the necessary loans by requesting F who operates the Hong Kong to obtain the loans from D by requesting it to F. who operates the State E in Hong Kong.”

On April 7, 2006, C referred to as “I” office of H operation in Gangnam-gu Seoul on April 7, 2006, “In-Gu A has many foreign capitals in Hong Kong, and 100 million won of expenses incurred in bringing in the Republic of Korea to the account of A to receive a loan of USD 500 million from A.”

However, at the time of the fact, the defendant was personally engaged in the clothing sale and brokerage business without the regular business registration, but was not a asset holding US$00 million in Hong Kong. Even if he was paid the money from the victim as a loan expense, he was not an idea to use it in bringing foreign capital in Hong Kong, but a plan to transfer it to the defendant's living woman, a man, etc. or to use it for the personal purpose of the defendant. The F did not have any possibility of receiving financial assistance through F because he was unaware of the defendant's accurate personal information at all, and there was no intention or ability to lend funds to the victim with the personal ability of the defendant.

In collusion with C, the Defendant made a false statement to the victim through C as above, and made such statement from the victim on April 7, 2006, to the account in the name of the Defendant, KRW 18 million, and the Japanese bank in the name of the Defendant.

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