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(영문) 서울북부지방법원 2017.02.15 2016고단2190
사기
Text

Defendants shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants conspired to deceive the victim H (the age of 56) by deceiving the victim H (the age of 56) as they have come to know about the 10 years prior to 10 years ago.

Defendant

A, using a similar name, assumes that the victim himself/herself is a son of the president of the I Group J group, shows his/her house of honestity of the market price of KRW 100 million, and has an excessive connection that he/she is a politician.

In other words, the victim had the victim have the trust of the defendant A.

Defendant

A on June 22, 2015, at the restaurant near the Changdong-dong, Seoul Special Metropolitan City on the part of the victim, I want to build an envelope to Defendant B before see the victim, and to invest in the Nado business.

In order to make an investment "," Defendant B shall invest 300 million won.

On the other hand, if you want to make an investment, they will bring the remainder of the money into a check until the date of payment;

As above, the Defendants made the victim have an interest in investment, and the Defendant A would return the principal amount of KRW 90 million to the victim as well as KRW 40 million if the victim borrowed KRW 90 million.

“.......”

However, the Defendants did not think that they would have borrowed the above money from the injured party as investment funds, and there was no intention or ability to change it.

On June 23, 2015, around 15:00 on June 23, 2015, the Defendants: (a) by deceiving the victim as above; (b) received KRW 90 million in total on the face of KRW 1,000 on the face of the 12-ro, Busan High-ro, Busan High-ro; and (c) received KRW 90 million on the face of the loan from the victim.

As a result, the Defendants conspired to acquire money from the damaged person.

Summary of Evidence

1. Legal statement of the witness H;

1. Part of the protocol concerning the interrogation of the suspect against the defendant A by the prosecution;

1. Statement made by the prosecution with regard to H;

1. Investigation report (suspect A previous offense and inquiry);

1. The investigation report (Defendant B's previous convictions).

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