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(영문) 대구지방법원 2018.06.21 2016고단3459

사기등

Text

Defendant

A shall be punished by imprisonment for one year, by imprisonment for one year and two months, and by a fine of 5,00,000 won, respectively.

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to four years of imprisonment for fraud, etc. at the Daegu District Court on January 20, 2017, and the judgment became final and conclusive on March 24, 2017.

[2] Around September 1, 2010, the Dispute Resolution Co., Ltd. (Defendant A, B, etc.) entered into a contract with F, a veterans organization, to receive and act as an agent for F, but there was no business performance since it did not actually receive any subsequent profit business.

director or director of the corporation mentioned above, who has participated in the management of the corporation together with D, etc.

G and H et al. determined that no business performance exists on September 16, 201 and only liabilities, such as financial rights loans, etc., are no longer possible to implement the project. Although the above corporation did not receive succession to the above contract from the above corporation and F, the corporation established a separate corporation "a separate corporation" (hereinafter "a separate corporation") and promoted F's revenue business receiving orders, etc., and around that time, the defendant A, who was aware of D, G, H, etc., was also aware of such fact.

On the other hand, from April 2012, Defendants and G established a new corporation and planned to promote food business and waste-using materials recycling business, such as scrap iron and waste electric wires, etc., and on May 23, 2012, “The date of May 26, 2012” in the indictment written around May 23, 2012 is obvious that it is a clerical error (see, e.g., evidence record 170 pages). Defendant B and G, etc. were registered as inside directors by establishing a dispute resolution committee, and by establishing a dispute resolution council around July 18, 2012, K et al. were registered as inside directors.

From May 2012, the Defendants conspiredd the victim to receive money from the injured party by pretending that F's profit-making business, etc. would give him a big profit to the victim L, etc., and received money from the injured party and used it to compensate for losses during the period.

1. The Defendants of KRW 100 million around June 14, 2012 are at the victim’s office located in Bupyeong-gu M around May 30, 2012.