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(영문) 서울북부지방법원 2017.08.23 2017고단969
사기
Text

Defendant

A Imprisonment with prison labor for six months and for eight months, respectively.

However, as to the Defendants, this is against the Defendants.

Reasons

Punishment of the crime

1. On August 20, 2014, the Defendants committed the joint crime committed by the Defendants: (a) concluded an agreement between Defendant A and D on the part of the business site related to the sale of the “E” located in Sejong City; (b) however, the sale market was not good; (c) the said agreement was not readily concluded; (d) the said building was not subject to construction permission; and (e) there was no office operating expenses; and (e) there was no intent or ability to reduce profits even if the Defendants received money from investors, thereby deceiving investors to acquire money by deceiving them.

According to the above public offering, around September 16, 2014, the Defendants would make two times the principal and interest within three months to the victims G at the non-commercial coffee shop near the Gangnam-gu Seoul Metropolitan Government F building.

“A false representation was made.”

The Defendants conspired as above and received 10 million won in total from the injured party on the same day, i.e., the same day as investment money, and 25 million won in coffee shop near the shift distance in Seocho-gu Seoul Metropolitan Government, Seocho-gu on the 19th day of the same month, respectively, and received delivery of 35 million won in total.

2. On September 16, 2014, Defendant B, even if having received an investment from the injured party, was aware that he would use it as an individual expense even if he/she was to receive an investment money, and accordingly, Defendant B, as prescribed in paragraph 1, was accused of the injured party and was issued KRW 5 million from the injured party at a middle school middle school in Seoul, Jung-gu around October 19, 201.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 347(1) and 30 of the Criminal Act (the choice of imprisonment);

B. Defendant B: Articles 347(1) and 30 (Selection of Imprisonment) of the Criminal Act, and Article 347(1) of the Criminal Act (Selection of Imprisonment)

1. Defendant B who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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