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(영문) 인천지방법원 2014.06.27 2014고단3336

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant C, D, E, F, G, H, and I had no intent or ability to establish a legal entity, and intended to establish a legal entity, thereby seeking a representative director of the legal entity under the name of the victim J and providing necessary data and funds, and D provided data necessary for the establishment of the legal entity, and E provided the role of providing funds and funds, which would be managed through the Internet banking through the Internet banking, to withdraw from the other accounts, along with the name of the Defendant’s name in return for lending the name of the legal entity and directly applying for payment to a certified judicial scrivener, and F conspired to share the role of lending the name of the legal entity in the name of G and H, and the role of withdrawing the stock price in the name of the court and the name of the court.

Around March 17, 2010, the Defendant and the above C et al. act as their respective roles, and accordingly, the above F et al. said F et al. stated that “B did not have KRW 300 million deposit money in order to establish a mutual juristic person of the name of Jung-gu, Daejeon; “B representative director; H is a juristic person director; and L et al., an auditor.” The Defendant and the above C et al. deposited KRW 300 million after opening the passbook under the name of the bank within the name of the head of the bank; and the certificate of personal seal impression and seal impression; and resident registration certificate; and deposit KRW 300,000 in the above account under the name of the victim’s name, which is the representative of the corporation; and deposit KRW 150,000,000 in the above account under the name of the F et al.

Accordingly, from March 19, 2010 to around 08:56 of the same day, the above C, E, etc. transferred the above KRW 300 million to an account of foreign exchange bank (P) in the name of F in an irregular manner three times between 08:58 and 08:58 of the same day, and again, the same day is 08.