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(영문) 서울중앙지방법원 2021.01.12 2017고단8703

사기

Text

Defendant

B shall be sentenced to six months of imprisonment, and the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Part of the crime committed by Defendant B (2019 Highest 6515) - [2019 Highest 6515 Highest 6515] Defendant 1 on June 1, 2017, the Seoul Central District Court sentenced Defendant to a suspended sentence of two years for a period of eight months for fraud.

9. The above judgment has become final and conclusive, and on September 18, 2018, the said court was sentenced to four months of imprisonment for fraud and was established on the 28th of that month as the representative director of C of a stock company established for the purpose of distributing agricultural and fishery products and wholesale and retail business.

around October 10, 2016, the Defendant and A (hereinafter referred to as the “Defendant”) mean that “E”, a restaurant located in Gangnam-gu Seoul Metropolitan Government D, “E, imports and distributes our net height, return the principal after one year, and pay 3 million won each month as monthly dividends,” and received money from the injured party on October 13, 2016 to the corporate bank account in the name of the said company.

On October 25, 2016, the Defendants continued to make an investment of KRW 100 million in the victim’s operating office located in Seocho-gu Seoul Metropolitan Government G, and received KRW 96 million from the account in the name of the said company on the same day.

However, at the time, the Defendants had almost ceased to import and sell the above company's financial situation due to the aggravation of the above company's financial situation. The Defendants received money from the injured party as the source of investment related to revenue and planned to use it for an individual purpose regardless of the profits and losses, and thus, there was no intent or ability to pay the investment and dividends to the victim as above.

As a result, the Defendants conspired to acquire the total amount of KRW 126 million from the damaged person for the purpose of investment related to revenue.

Summary of Evidence

1. The legal statement of the defendant F by the court witness;

1. Protocols concerning the examination of each suspect against the defendant and A (including the F substitute part) and the statement of the police concerning H;

1. Money to be deposited, withdrawn, and borrowed;