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(영문) 서울중앙지방법원 2015.08.28 2014고합915
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The Defendants are not guilty.

Reasons

1. Around August 21, 2008, the Defendants conspired with the victim E in Seocho-gu Seoul Metropolitan Government around August 21, 2008, that “F sells H works of G in 101cm x 101cm x 101cm x 20 billion won. He purchased H works of G in 1965 x 1965 mm c. He can sell at least 40 billion won through the Cact auction. In this context, the Defendants would be able to first receive appraisal by delivering 3 billion won as down payment to Paris from G to Korea. If the appraisal results or would return 3 billion won as down payment or substitute I’s own image works.”

However, in fact, the Defendants did not have any intent or ability to return the down payment to the victim or substitute it with any other luculous paint, even if the forest is confirmed through appraisal, etc., even if the victim confirms that it is a maternity, the Defendants did not have any intention or ability to return the down payment to the victim or substitute it with any other luculous paint.

Nevertheless, on August 22, 2008, the Defendants: (a) by deceiving the victim as above; (b) transferred KRW 1 billion to the national bank account under the name of J, a parent of the Defendants; and (c) obtained KRW 2 billion from the cashier’s checks on August 26, 2008; and (b) obtained KRW 3 billion from the victim.

2. When requesting the Defendants to sell the instant picture at KRW 15 billion, F, the summary of the Defendants and their defense counsel, falsely stating that the instant picture, which was made 101cc x 101cc x 152cc m x 152cc m x 152cc m x m m scirst (hereinafter “sirst picture”) is another fact, and that the instant picture is a fact-finding. It means that the instant picture guarantees that it is a fact-finding. The term “101 x 152m m x 152” is “101 x 101.”

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