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(영문) 서울중앙지방법원 2018.08.10 2016고단7014

사기

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for four months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[Criminal Records of Crimes, etc.] Defendant A was sentenced to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on May 21, 2015 and was established and operated for the purpose of wholesale and retail, such as aggregate, scrap metal, non-refrat, and other construction materials, for which the decision was made on May 29, 2015.

C The representative director of the Co., Ltd. (the present D Co., Ltd.), and Defendant B is a person who was sentenced to three years of suspension of execution on January 22, 2016 to imprisonment with prison labor and six years of suspension of execution on December 29, 2016 for the purpose of fraud in support of Suwon Friwon, which became final and conclusive in December 2016.

[2] The Defendants: (a) are non-related organizations with E E E; and (b) even though C was not granted the right to gather sand from the F organization, etc., the F organization, etc. did not receive KRW 100 million from H to the sand gathering and collecting business related to the F organization; and (c) was issued with KRW 100 million to H on December 2007; and (d) was invested in the I-related business through the introduction of Defendant B; and (e) did not recover the investment money, the Defendants were able to have access to the victimJ, which was considered to have been unable to recover the investment money, and acquired the money by fraud.

On March 13, 2008, the Defendants were the project undertaker of the victimJ in the 9th floor C Office of Songpa-gu Seoul K Center, and Defendant A was the head of the project team, and even if the victims were to receive KRW 120 million from the damaged party, even though they did not have the intent or ability to conduct the transport and logistics business in relation to sand collection in G, the Defendants would be able to carry out the distribution business, such as the transportation of sand collected from the G reservoir promoted by registering as the subcontractor of the project team, and by registering as the subcontractor, even if they were to receive KRW 120 million from the damaged party.

The return on investment may be made within six months.

“The transport of the victim and E organizations” with the intent of “the transport of the victim and E organizations.”