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(영문) 서울중앙지방법원 2015.01.08 2014고단3222
사기
Text

Defendants shall be punished by imprisonment for one year.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of E, and the defendant B is the co-representative of the above company with the defendant's living together.

On May 17, 2012, the Defendants stated to the effect that, at the above company office located in Seocho-gu Seoul Metropolitan Government F Building 405, the victims G and H “I have permanent residence in order for I to enter the department, junior college, or law school. A father G, who is a father, is a skilled worker in the United States to be employed in the United States, may obtain the permanent residence right by I obtain the permanent residence right. In order to enter into a contract for the arrangement of employment for the United States employees, and pay B any expenses incurred in the arrangement and immigration procedure, I would be able to obtain the permanent residence right.”

However, even if the Defendants received the money from the victims, they did not intend to use the funds for the expenses to be entered in the immigration procedure. While the Defendants had already been liable for the loans worth KRW 700,000,000, they could not normally operate the business due to the shortage of funds despite the expiration of the guarantee insurance period for the said business, and thus, they did not have the ability to obtain permanent residence rights from the victims G.

Nevertheless, on May 23, 2012, the Defendants received KRW 10,000,000 from the victims to the account in the name of Defendant B for the purpose of mediating fees and immigration expenses, and received KRW 112,56,000 in total from the victims from September 11, 2012, as stated in the attached list of crimes.

As a result, the Defendants conspired to induce victims to receive goods.

Summary of Evidence

1. Each legal statement of witness G and H;

1. Each statement of G and H in the police interrogation protocol against the Defendants

1. The police statement of G and H;

1. Notification of outputs on the website, mobile phone text messages, written opinions, notes, and administrative disposition (registration cancellation).

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