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(영문) 서울중앙지방법원 2017.09.27 2015고합594 (2)

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On June 12, 2017, the Defendant was sentenced to imprisonment with prison labor and six months for fraud at the Seoul Central District Court on June 12, 2017, and the judgment became final and conclusive on June 20, 2017.

Defendant F Co., Ltd., Ltd. (hereinafter referred to as “F”) on the second floor in Gyeyang-gu, Gyeyang-gu, Yangyang-gu, Seoul. (hereinafter referred to as “F”).

1. Fraud against the victim G;

A. On May 23, 2011, the Defendant would hold 25% of the shares in the right to operate a restaurant if he/she invests KRW 50 million as the 50 million capital is additionally required to be invested in the victim G at the above F office.

Since there are about 50 copies of human being, it would be able to gain a large amount of profit by using 500 persons.

However, at the time of fact, the defendant did not have the right to operate the restaurant at the H construction site, and there was no intention or ability to make profits to the victim.

The Defendant, as such, by deceiving the victim, was transferred from the victim, the sum of KRW 50 million, including KRW 50 million, from May 23, 201 to the new bank account in the name of I on May 23, 201, and KRW 100,000,000,000,000,000 to the same account on June 10, 201.

B. On September 201, 201, the Defendant, at the above F Office around the F Office, is difficult to operate the Company as the victim G is delayed.

There is a slaughterhouse called JJ in the two North Koreas, and when accepting it and slaughtering cattle, pigs, etc., a large amount of profit would occur.

If the deposit is invested by changing the current rent into monthly income, it will be used only for four months and returned.

“A false statement” was made.

However, at the time, the defendant did not have the intention or ability to return the investment of the victim through the receipt of J slaughterhouse or its operation.

As such, the Defendant, by deceiving the victim, received the remittance of KRW 25 million from the victim to the new bank account under the name of I on October 4, 2011, and also committed an attached crime list.