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(영문) 서울북부지방법원 2012.12.12 2012고단1712
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for one year and six months, and imprisonment with prison labor for defendant C shall be punished by one year.

However, as to Defendant C, this shall not apply.

Reasons

Punishment of the crime

The Defendants, as the husband and wife’s land, have taken over and operated F Coinna from G on September 24, 2009, on the condition that F Coinna, the amount of F Coinna’s deposit repayment obligation equivalent to 500 million won for S Coin and lessee from G, and the said F Coinna’s loan is succeeded to KRW 720 million for foreign exchange bank security loan.

The Defendants decided to lend money to the victim H to use it as the operating fund due to the shortage of funds for the above friendship or operation.

Defendant

A (B) On October 13, 2009, around 2009, by deceiving the victim that "at the time of operating 2.5 billion won or more, the victim will use 160 million won or be repaid with a bank loan if it was borrowed 160 million won or more as the operating expenses are insufficient." On the same day from the victim, A (the name prior to the opening of the name) was delivered KRW 12 million after deducting the interest of the vessel on the same day on the 26th day of the same month, and received KRW 150 million or more as stated in the list of crimes in the attached list of crimes, and received KRW 370,60,000 or more over four times.

However, the above Bana had been in a state of enemyship prior to the acceptance by the Defendants, and even after the acceptance by the Defendants, the average monthly sales amount was merely about about 15 million won and did not exceed 30 million won per month necessary for the above Bana’s operation. Since it was impossible to lend bank rights due to the above Bana’s mortgage, the Defendants did not have any intent or ability to pay the above money.

As a result, the Defendants deceiving the victim, thereby acquiring the total amount of KRW 370 million.

Summary of Evidence

1. Legal statement of K witness K;

1. A complaint;

1. A copy of a loan agreement, a copy of a deposit certificate, promissory note, a receipt copy, a detailed statement of passbook transactions, and a written judgment;

1. The police statement of K;

1. Part of the police interrogation protocol of Defendant A(B), K, and H are currently subject to pharmacologic treatment due to Albuses-type dementia symptoms, so it is necessary to make a statement at the trial date.

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