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(영문) 대전지방법원 2014.06.25 2013고단2606
사기
Text

Defendants shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendants introduced F, with the trade name of D Co., Ltd., a company that imports or exports stone to victims E who engage in stone construction and wholesale retail business, made the victims make an investment in F, and offered the victims a proposal to work together with F, and intended to borrow KRW 30 million from victims as the name of opening an office.

On February 2, 2012, the Defendants, at H hotel located in Daejeon Seo-gu G, intended to export stone from the victim E to Japan at the I Co., Ltd. operated by the victim F, and to do so, the L/C should be issued, but it is not possible to issue the L/C due to the lack of funds.

F The F requires a level of 70 million won to issue a credit, and the F makes an aggregate supply contract with F by investing the money, and the project is defective jointly with us.

In addition, the office should be established in order to conduct the business, and the amount of 30 million won is required, and the amount of 30 million won should be lent to us.

on May 16, 2012, upon the issuance of the Credit, receive money from F and receive money from F.

6. By July 7, 200, 30 million won will be repaid and, even if the credit is not issued, reimbursement will always be made.

‘The purpose of this article is false.'

However, even if 30 million won was borrowed from the victim, there was no intent or ability to repay the debt to the victim if the credit was not issued as above.

From March 19, 2012, the Defendants received KRW 30 million from the victim to the Agricultural Cooperative Account in the name of Defendant A as the borrowed money.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. The defendants' statements in the first trial record;

1. Each prosecutor's protocol of interrogation of the Defendants (including E-statements)

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on receipts and a loan certificate;

1. Criminal facts;

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