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(영문) 인천지방법원 2017.10.19 2017고단2808

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 29, 2015 to March 13, 2015, the Defendant, as the sole representative director of F Co., Ltd., and from April 30, 2015 to January 2016, was in charge of the business affairs of F Co., Ltd., while exercising overall control over the business affairs of the Defendant.

A. On May 2015, the Defendant of KRW 100 million was a clean company with the victim H in the company F, Inc. located in Namdong-gu Incheon Metropolitan City, Nam-gu, Seoul, for the first time, in order to pay KRW 10 million to the Defendant of KRW 10 million.

The I amper created at this time has been developed in a complete manner, has different oppers, has changed the total market, and calls have been made every day throughout the country.

At present, Linn's franchise companies ordered a white range of ampers, but they do not sell the products.

Only one of the raw materials of machinery may be imported and sold, and the number of billion won may be punished.

If 100 million won is invested, the company's share will be given and 5% interest per annum will be paid, and 50 million won will be paid after 1 year and 50 million won will be paid after 2 years.

“A false representation was made.”

However, in fact, it is difficult to use I developed as fuel by the defendant, and there was a problem of its efficiency so that it is difficult to sell them properly in the market, and due to these circumstances, it was difficult to proceed with the franchise business even more. It was not only KRW 10 million but also there was a debt of KRW 254,00,000 due to the failure of the management of the company, and there was a situation in which the employee's monthly salary and rent was not paid 6 months, and thus there was no intention or ability to pay them even if they were invested from the injured party.

The defendant deceivings the victim as above and transferred KRW 100,000 to the account (J) of the F Co., Ltd. F on May 19, 2015 from the victim.

B. From around 2013, the Defendant, occupational embezzlement, as the trade name “K”, is the Iroster and the Defendant.