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(영문) 서울서부지방법원 2013.12.17 2013고단2699
사기
Text

Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of five million won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A was an operator of E Co., Ltd., a company implementing D Business (hereinafter referred to as D Business).

On February 14, 2008, the Defendant, at the “H” restaurant operated by the Victim G management in Mapo-gu Seoul Metropolitan Government F, obtained from the victim a false statement, stating that “The Defendant does not have any income at all during the land purchase stage, and, even if having borrowed money from the victim, there was no intent or ability to repay it,” the victim did not have any intent or ability to repay it. “I have any business in the D balanced development zone. I have a good business profit. I have borrowed 20 million won within a few months. I have borrowed 20,000 million won, and would have repaid 20,000,000 won if I have borrowed 20,000,000 won.”

2. Defendant B was the operator of JJ Co., Ltd., a service company that purchased land in the I Project (hereinafter “I Project”).

Around March 3, 2009, the Defendant, at the home of the victim located in Mapo-gu Seoul Metropolitan Government KRC 102, obtained 50 million won from the victim and acquired 50 million won from the victim, on the ground that the Defendant did not have any intent or ability to pay the service cost of the said I, even if he borrowed money from the victim, such as not certain, due to the aggravation of the conditions of the real estate development project due to the implementation of the maximum sale price system, etc.

Summary of Evidence

1. Defendants’ legal statement

1. Protocol of the police statement concerning G;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The reason for sentencing of Articles 70 and 69(2) of the Criminal Act is that the Defendants committed each crime of fraud.

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