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(영문) 서울중앙지방법원 2016.12.08 2016고단6835

사기

Text

Defendant

A shall be punished by a fine of KRW 15,000,00, and by a fine of KRW 7,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A was sentenced to one year of imprisonment with prison labor at the Seoul Central District Court on September 1, 2016 and confirmed on November 25, 2016, and Defendant B was sentenced to four months in imprisonment with prison labor at the same court on November 17, 2016 and the above judgment became final and conclusive on November 25, 2016.

Defendant

A is the representative director of G Co., Ltd. (hereinafter referred to as “G”), and Defendant B served as the head of G, thereby soliciting the investment funds of the said company.

1. On June 19, 2013, the Defendants: (a) stated that “A victim H import from G office located in Gangnam-gu Seoul Metropolitan Government I and 102, and distribute them to the domestic fisheries market, including franchisium, franchisium, franchisium, and early franchisium; and (b) that “A victim H will enjoy profits to the extent that there is a lot of profit in paying for the amount of money that would incur a large amount of profit.”

However, even if the defendants received money from the victim, they did not have the intent or ability to pay the principal.

Nevertheless, the Defendants conspired to induce the victim and let the victim approve the amount of KRW 10 million in the comprehensive bank for Spanch with the credit card of the victim on the same day, thereby obtaining property benefits equivalent to the same amount. On October 2, 2013, the Defendants acquired a total of KRW 30 million from the victim, such as receiving KRW 20 million from the victim to the agricultural bank account in the name of G to transfer from the victim.

2. Around September 2013, the Defendants, together with the victim J and K, said that “Around September 2013, the victim J and K would give profit to the victim J and K as much as the profits would accrue if they import dissolutions, such as indonesia, fry, and early fry, and distribute them to the domestic fisheries market.”

However, even if the defendants received money from the victims, they did not have the intent or ability to pay the principal.

Nevertheless, the Defendants conspired to attract victims in such a manner, and they belong to the victimJ.