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(영문) 서울중앙지방법원 2018.07.06 2017고단2135

사기

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

However, the defendant B is subject to objection.

Reasons

Punishment of the crime

[criminal record] On July 11, 2012, Defendant A was sentenced to 8 months of imprisonment for fraud and 2 months of imprisonment with prison labor at the Seoul Central District Court on November 4, 2012, and the execution of the sentence was terminated at the Ansan Prison on November 4, 2012. On October 27, 2016, Defendant A was sentenced to one year of imprisonment with prison labor for fraud and eight months of imprisonment with prison labor, and the judgment became final and conclusive on November 4, 2016. On April 4, 2017, Defendant A was sentenced to 6 months of imprisonment with prison labor for fraud, etc. at the Seoul Central District Court and on November 8, 2017.

[Criminal facts]

1. The Defendants’ joint crime Defendant A suggested Defendant B to attract foreign capital around January 2015, while taking place as a specialist in attracting foreign capital, and Defendant B used it as a business to use it for the business. Defendant A, as the president of the above legal entity, has actually carried out the foreign capital inducement business, and Defendant B, as the representative director of the above legal entity, shared the role of each of them by performing incidental business necessary for attracting foreign capital according to Defendant A’s instruction.

On June 2015, the Defendants: (a) prepared to implement an I Urban Development Project to develop a large-scale housing complex of more than 6,000 households with a building area of more than 1,320,000 square meters in the Nam-si, Namyang-si; and (b) conspired to commit a crime to demand money under the pretext of expenses necessary for attracting foreign capital, knowing that funds are necessary for the purchase of land in the said zone.

A. Defendant B, around June 5, 2015, at the office of K located in the Seocho-gu Seoul Metropolitan Government J building 609, Defendant B, along with K, to the vice president of the victim company “F, who is the representative director of Defendant B, shall attract foreign capital.”

The amount of 4 billion won required by G shall be invested by attracting foreign capital until June 19, 2015.

The phrase "the cost required for attracting foreign capital shall be KRW 200,000,000,000,000."