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(영문) 춘천지방법원 원주지원 2015.08.11 2015고단251

사기

Text

Defendant

A A Fine of 30,00,000 won, Defendant B of 10,000,000 won, and Defendant C of 2,00,000 won, respectively.

Reasons

Punishment of the crime

Defendant

A is the director-general and director-general of H Co., Ltd. (the representative I; hereinafter referred to as “H”) located in Mapo-gu Seoul Metropolitan Government; Defendant B is the director in charge of H publicity; Defendant C is the general director in charge of H administration and funding.

1. Joint criminal conduct with regard to the victim J;

A. On November 23, 2012, the Defendants knew of the fact that there was a surplus fund to the victim J while the Defendants asked a person to borrow money due to insufficient funds for the operation of H, and attempted to explain the feasibility and vision of cable TV broadcasting business prepared at H and receive money by borrowing money.

On November 23, 2012, the Defendants made a false statement to the “B Amclass” office located in K at the Won-si, stating that “The Defendant is preparing to open the “H” cable TV, and is a very profitable business. In order to lend money, the Defendants would pay interest of 12% per annum in 100,000 won per month until the broadcasting station is established, and the Defendant would pay KRW 100,000 per annum in the immediately after the broadcasting station is established, and at the same time, pay KRW 20,000 per share.”

However, at the time of fact, the Defendants did not prepare for the establishment of cable TV broadcasting stations, such as the broadcasting station building and broadcasting facilities, and had no capital required for the establishment of the broadcasting station. Therefore, even if the Defendants borrowed money from the victims, they did not have the intent or ability to repay it as agreed by the victims.

The Defendants deceiving the victim as such and received KRW 100 million from the victim to the Agricultural Cooperative (L) account in the name of H representative director I on the same day.

Defendant

C asserts that he did not have any intention to commit fraud with respect to this part of fraud.

However, the following circumstances acknowledged by the evidence set forth below, namely, ① Defendant C established A, B, and H, and the said company remains in bad condition after 1 to 2 months thereafter.