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(영문) 서울북부지방법원 2017.06.21 2017고단460

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On November 25, 2016, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Northern District Court, and the judgment became final and conclusive on February 9, 2017.

[Criminal Facts]

1. On August 24, 201, the defrauded, such as deposit money related to the Parking Management Association, concluded that “A victim C established a parking management company in Seocho-gu Seoul Metropolitan Government with the authority of parking management delegated by Seoul Metropolitan Government, and if a single parking lot management branch is sold, 5 to 60 million won may be collected. If the Defendant borrowed funds necessary for the management of the company during the recruitment of investors necessary for the parking lot management business, he/she would refund the principal by operating the parking lot management branch in the nation.”

However, in fact, the Defendant was seeking funds from E and F for the purpose of promoting the normalization of the Parking Management Association, “I would make the president of the Parking Management Association at the time of raising KRW 2-300 million.” However, there was no particular property or income. However, there was no sufficient means to raise funds necessary for the appointment of the president because the Defendant failed to pay the invested money for the reason of the past gold mine business, etc., and there was no sufficient way to raise funds for the appointment of the president. However, there was only a vague plan for investors to pay the interest accruing from the appointment of the president at the time of the appointment of the president. Accordingly, even if the Defendant received money from the injured party, there was no intention or ability to pay the money.

Nevertheless, the Defendant, who was appointed as the president of the Parking Association by himself, has shown the same attitude that he would be able to transfer the management right, etc. of the branch office or pay the proceeds to the parking association. Accordingly, the Defendant, under the name of the branch office, 17 million won, including ① the amount of KRW 10 million on August 24, 201 with the Defendant’s bank account on August 24, 201, KRW 200 million on May 200, KRW 500 on October 13, 201, KRW 17 million on October 50, 201, ② the amount of KRW 500,000 on October 8, 2012, KRW 100,000 on March 3, 2011 of the same year, and KRW 100,000 on March 3, 201.