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(영문) 대전지방법원 홍성지원 2014.01.28 2013고단892

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 19, 2009, the Defendant was sentenced to six months of perjury in the Western Branch of the Daejeon District Court on perjury, and the execution of the sentence was terminated on October 16, 2010.

C accepted a proposal from the Director D on the pretext of D on the purport that “A certified judicial scrivener requests the establishment of a corporation by the method of fictitious payment, and the fact in fact shall be made by the former, even if a certified judicial scrivener fully pays the capital necessary for the establishment of a corporation, he shall immediately withdraw the capital immediately after the establishment of the corporation and deceiving a certified judicial scrivener as if he had no intention to return it to the certified judicial scrivener,” and he conspired to acquire money by deceiving the defendant, E, F, etc. to take charge of the request for establishment, cash withdrawal to E, and cash withdrawal to F, in order to punish such fraud.

At around 11:00 on April 6, 201, the Defendant, together with C, E, and F, made a false statement to the victim H’s certified judicial scrivener office located in Ansan-si G Building 103, Ansan-si, Seoul-si, stating that “The address of the head office is I of Gyeonggi-do, and the purpose of its establishment is: raw materials, raw materials, bamboo import, trade name, J, trade name; the representative director, the Defendant and the auditor request K to establish a corporation whose name is K; and that transfer the amount of KRW 50 million to the Defendant’s account so as to enable the Defendant to certify balance because it is not capital. If so, the money will be returned immediately after issuance of a balance certificate.”

However, even if the balance certificate was issued by the victim, there was no intention or ability to return it to the victim after being issued with the balance certificate.

Nevertheless, the Defendant and C, E, F, etc., deceiving the victim as above, and they have been transferred KRW 50 million from April 7, 201 to a single bank account under the Defendant’s name as capital necessary for incorporation, and from April 8, 201 to 0.00.