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(영문) 대전지방법원 2018.05.23 2017고단2909
사기등
Text

Defendant

A Imprisonment with prison labor for one year and for one year and six months, respectively.

Reasons

Punishment of the crime

Defendant

A (B) around February 2015, around 2015, the victim G and a person who has maintained a ties relationship with the victim G that he/she became aware of while working as a dynasium, and Defendant B had been aware of his/her dynasium A around November 2013 and maintained her friendship.

1. The Defendants: (a) proposed to take over premium-related frauds with the victim along with the victim; and (b) conspired to unfix the premium to the victim and to acquire the difference by deceiving the victim.

Accordingly, on March 2015, the Defendants accepted the main points of the H located in Chuncheon from the J in the Dae-gu Seoul metropolitan area I and proposed the Defendant and the victim to operate together with the victim at a non-permanent site located in Chuncheon, the Defendants stated that “The above main points are KRW 130 million, so the Defendant issued it to the victim.”

However, even though the amount the defendants should pay to the J as premium for the above main point is 100 million won, the defendants received 130 million won from the injured party and received the request from the defendant Eul to use the money as the price for the transfer of rights requested by the defendant Eul for the purpose of using it as the price for the transfer of rights.

During the period from March 19, 2015 to March 27, 2015, the Defendants received 20 million won from the injured party via the Agricultural Cooperative Account (K) account in the name of the Defendant under the name of the seller as contract deposit three times, and paid 10 million won only to the seller J, and received 50 million won from the new cooperative account in the name of Defendant B on April 2, 2015, and paid 30 million won only to the seller J.

Ultimately, the Defendants conspired to attract the victim and received a total of 30 million won.

2. Defendant A’s occupational embezzlement related to H’s sale of the main points received the full amount of H’s acquisition price from the injured party and accepted the said main points, and then agreed with the injured party and the victim as “the amount of profit and loss shall be distributed at 6:4%, but the sales price shall be attributed to the injured party if the main points are disposed of,” and around that time, the injured party.

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