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(영문) 서울중앙지방법원 2017.02.08 2016고단5902
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 27, 2015, Defendant B was sentenced to a stay of execution of two-year imprisonment for fraud, etc. at the Suwon Franchisium, and the said judgment became final and conclusive on June 19, 2015. On November 20, 2015, Defendant B was sentenced to a stay of execution of three years for a period of one year and six months, and the said judgment became final and conclusive on November 28, 2015.

Criminal facts

Defendants are operators of (State)F and (State)G established for the purpose of mineral import, etc., and are in a situation in which it is difficult to understand whether to import the gold, as they did not properly perform the work of importing the gold in the U.S., the Defendants are entitled to receive the gold, and thereby, pay a large amount of profit or interest.

At the time of attracting investment or soliciting to borrow money.

Accordingly, on December 22, 2014, Defendant A imports gold from the Co., Ltd. F and (State) G in the coffee shop near the hill station located in Gangnam-gu Seoul, Seoul, to the victim H, at the same time, at the same time.

From 15 days to 2 months from the date of lending money, the total of 10% of the principal and interest shall be refunded within the period of 15 months.

“A false statement was made to the effect that it was “.”

The Defendants conspired to induce the victim as such and received KRW 50 million from the victim to the Defendant A in the name of the same day on the same day from the victim, and acquired it by deceiving the victim seven times from that time to June 15, 2015 under the name of the borrowed money related to the revenue of the gold, such as the statement in the list of crimes in the attached Table of crimes.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Each legal statement of the witness H and B (defendant A)

1. A protocol concerning suspect interrogation of I by the prosecution (including H part of the statement);

1. Statement made by the police with H;

1. A certified copy of the register, details of account transactions, or a certificate of borrowing;

1. A joint business contract;

1. Previous convictions: Inquiry of criminal history and investigation reports (Attachment to final and conclusive judgments).

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