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(영문) 서울서부지방법원 2016.12.14 2016고단1956
사기
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendants’ co-principal

A. On March 2010, Defendant B, after receiving Defendant A’s request on March 2010 from Defendant 2, 201, conspired with Defendant B to borrow money from the victim’s M&(E and age 64) on the following grounds: (a) borrowed money from Defendant B; and (b) made a false contract with Defendant B on the one floor of L shopping mall; and (c) made it possible for Defendant B to borrow money from the victim.

Defendant

A prepared the aforementioned false contract in accordance with the above public offering and delivered it to Defendant B, and around March 8, 2010, Defendant B presented the above false contract to the victim M (Nam and 64 years old) at the P coffee shop located behind Jongno-gu Seoul Metropolitan Government O, and Defendant B ordered Q Co., Ltd. (hereinafter “ Qu”) to perform L shopping mall construction with A’s introduction. As such, A was ordered to commence construction work at the end of five months, A would receive money from the Earsen business entity. Interest is reduced to five minutes per month, and the amount of money is changed to KRW 30 million per month.”

However, in fact, Q did not have the right to carry out the interior work of the Donggate L shopping mall. Since Defendant B did not receive a contract for the interior work, the construction work could not be carried out until May, and L shopping mall was a large-scale commercial building on the 11st floor size of the owners of 670 commercial buildings up to 200, and since the Defendants did not have any specific property, the Defendants did not have the intent or ability to allow the victim to carry out the interior work.

On March 11, 2010, the Defendants conspiredd the victim as above, thereby deceiving the victim, and acquired the check 23 million won from the victim at the above P coffee shop.

B. around March 15, 2010, Defendant B loaned KRW 3 million from Defendant A.

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