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(영문) 서울중앙지방법원 2017.12.07 2016고단5601 (1)

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

Reasons

Punishment of the crime

Defendant

B On September 29, 2011, the Seoul Southern District Court sentenced one year and two months of imprisonment for fraud, etc., and completed the execution of the sentence in the Seoul Southern Southern District Court on October 12, 201.

Defendant

A is the chairperson of corporation E, Defendant B is the chief executive officer of corporation E, and F is the director of corporation E.

Defendant

A and Defendant B have formulated a plan to take over H H H T T in Y located in Macheon-si, the operation of which has been suspended due to the default, and for this purpose, F would be qualified as a director when financing the establishment funds of the foundation while making a f to do so.

was made.

F) On July 2014, 2014, at the J hotel coffee shop located in Ha, Jeonsan-gu, Jeonnju-si, J-si, Ha, presented the list of these photographs containing L Articles of Incorporation and N, the president of M University, to the victim K. The F decided to establish H L, the Foundation, which was suspended due to default, to take over H L L, in the name of the Foundation. The F decided to take over H L L, the Foundation’s name. The F would take over H L L L, which is essential to the right to free use and ancillary facilities, and pay the interest of KRW 100 million and the interest accrued therefrom immediately after the incorporation of the Foundation.

In addition, in order to ensure the victim's awareness, the Defendants and the above E representative director, prepared a loan certificate under the name of the Defendants and issued it to the victims, and agreed to receive the remaining KRW 50 million from the victims if they received the certificate of confirmation of the receipt of the establishment of the corporation first and then send the certificate to the victims.

On July 21, 2014, the Defendants received KRW 50,000 from the injured party under the above agreement to the above O account as a loan loan, and the victim demanded F to verify the receipt of the establishment of the legal entity, and F sent the injured party to the L Office in Seoul, and the Defendants were introduced.