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(영문) 서울동부지방법원 2015.11.18 2015고단1281
사기
Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 4,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

On May 8, 2010, the Defendants stated that “F” located in Ssung City E, “Defendant A is the former president of the Gangwon-do hotel, Defendant B is the vice president of H, and Defendant B is the head of the Hong Kong HSBC bank, thereby attracting KRW 500 billion from the Hong Kong HSBC bank in order to carry out 6 business activities, such as the Ysan Hot Hot Spring Tourist Hotel and Casino business, and if the Defendants borrowed KRW 20 million necessary for attracting investment, they will grant business shares and repay the amount within one month.”

However, in fact, Defendant A only operated an I Hotel amusement room and was not the president of the hotel, Defendant B was not the vice-chairperson of H, and Defendant B did not have any intent or ability to repay the amount of money in accordance with the promise.

On May 14, 2010, the Defendants deceptioned the victim as such and received 20 million won from the post office account in the name of the Defendant under the name of the Defendant for the purpose of borrowing money from the victim.

Summary of Evidence

1. Defendant B’s legal statement

1. Legal statement of witness G;

1. Copy of a receipt;

1. A detailed statement of remittance of damaged money;

1. A copy of the joint project agreement;

1. Defendant A asserts that an investigation report (project proposal) was actually carried out as a tourist hotel business and the victim’s money was used as a cost to attract investment money.

According to the records, the defendant's preparation of the agreement, and the discussion about the progress of the business in Hong Kong seems to be shaking the activities related to the business.

However, even though the defendant agreed to obtain a loan of 50 billion won, there is no proper business plan, and it is not known whether the defendant has done his own business in detail, such as the fact-finding without submitting relevant documents to the competent authorities, and it seems that he did not have prepared a plan for his own lecture business.

There is no specific content in the joint agreement prepared by the defendant with the victim, and 20 million won.

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