beta
(영문) 대구지방법원 서부지원 2017.01.12 2016고단1853

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Defendant A, on October 31, 2008, was sentenced to a suspended sentence of two years in August of 2008 for the crime of violating the Punishment of Tax Evaders Act at the Daegu District Court. The above judgment became final and conclusive on November 8, 2008.

【Defendant A” is the actual representative director of E, a metal soft manufacturing chain Co., Ltd. located in Gyeongbuk-gun, Gyeongbuk-gun, and Defendant B is the representative director of the above company.

In collusion with the Defendants at the office where it is impossible to know the trade name in Daegu Dongcheon-dong, Daegu, 2008, the Defendants would pay 4% of the amount invested each month to the victims F, and make 10% of the amount paid for each month from the date of the investment, and make 10% of the amount paid for each month, and make 50 million won paid for each month from the date of the investment, and bear 50,000 won paid for the loan from the bond company to the bond company. The Defendants will bear us in full the interest of 2% per month paid for the bond company to the bond company.

“A false statement is made to the effect that “” was made, and on February 18, 2008, at the victim’s house located in Daegu Northern-gu G, Daegu-gu, the victim made a false statement to the same effect with the intent of preparing the victim’s certificate of loan borrowed in the name of the Defendants.

However, the above company only established a factory establishment plan, but did not perform production and business activities for the purpose of the establishment, and was in fact closed due to the failure to secure a factory and its site construction, so it was highly unlikely to properly implement the business that the victim conspireds with. Since the company operated the office with the money invested by the investors and recruited investors in the multi-level business method that pays high-amount dividends to the investors, the company did not have any intent or ability to pay the principal and interest of the investment that was promised even if it received the above money from the damaged party as above, even if it did not receive the money from the injured party.

Nevertheless, it is not appropriate.

참조조문