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(영문) 서울중앙지방법원 2014.09.04 2013고단7911
사기
Text

Defendant

A Imprisonment for one year and each of the defendants B shall be punished by imprisonment for ten months.

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

Reasons

Punishment of the crime

The Defendants and E (in the suspension of indictment) recommended the victim F to make an investment in the business of one-time card tin in progress by Defendant B, and lent money to the victim F, the Defendants and E (in the absence of indictment) intended to acquire money by deceiving the victim as if he would have made an investment in the above card tin business and to repay the amount of damages to the previous one, and even if the fact is wrong, even if Defendant A would have made an investment in the above card tin business.

Defendant

A and E, around August 26, 201, at a restaurant in the name of Yongsan-gu Seoul Metropolitan Government, he/she may receive the payment of the principal or interest upon investment in the card tin business through B, as well as the amount that he/she had not been lent to E before it. A shall be admitted to the fraternity of KRW 50 million operated by B, and if it is erroneous, he/she shall receive KRW 40 million out of the above fraternity, and Defendant B shall have borrowed KRW 40 million from the above fraternity.” Defendant B shall have paid the above fraternity to the victim, as he/she would have delegated the payment to F on November 10, 201.

However, in fact, since March 2011, Defendant B was unable to receive the principal and earnings due to the lack of proper progress due to the control of the investigative agency from around March 201, Defendant B’s investment, and the above fraternity operated by Defendant B was not able to receive the fraternity on June 201, and the Defendants did not have any particular property, so even if she borrowed money from the victim, there was no intention or ability to pay it.

Nevertheless, the Defendants and E received 40 million won from the Defendant’s national bank account (Account Number G) in the name of the Defendant on the same day as the loan money, by deceiving the victim as above, and deceiving the victim.

Accordingly, the Defendants deceiving the victim in collusion with E.

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