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(영문) 서울중앙지방법원 2018.06.28 2018고단989
사기
Text

Defendant

A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

The Defendants borrowed KRW 25 million from the victim F in order to lend money to Defendant B at the request of Defendant B on August 4, 2015 (the principal amount of KRW 25 million on the loan certificate, KRW 15 million on August 13, 2015, and KRW 25 million on the date of the change, and KRW 25 million on the condition that the above E and the guarantor were repaid after the lapse of the heat, and the Defendants borrowed KRW 25 million on August 14, 2015, and were returned to the victim on August 14, 2015.

Since then, the Defendants borrowed KRW 20 million for E, but did not properly promote E’s business (rice wholesale business), and the Defendants were aware of the fact that only the several million won of the debt without any particular revenue or property was not changed due to the failure to pay off the debt, and the Defendants knew that they borrowed KRW 25 million rapidly from the above G in order to change the above G due date. However, Defendant A was aware of the fact that the due date for the repayment of the debt for the above G was multilateral, and Defendant B was able to borrow money from the victim as if the business funds of Defendant B were urgently needed.

The Defendants conspired as above on September 7, 2015, Defendant A provided the victim with the seal of the impediment of Defendant B and provided it to the victim on the loan certificate (amounting to KRW 30 million, KRW 27 million on September 17, 2015, and KRW 27 million on the same day from the victim’s own account in the name of the Defendant’s own name on the same day.

Accordingly, the Defendants, as seen above, had been delivered KRW 25 million from the injured party by deceiving the injured party.

Summary of Evidence

1. Defendants’ each.

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