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(영문) 서울중앙지방법원 2014.05.27 2014고단1477

사기

Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On July 16, 2013, the Defendant was sentenced to one year of imprisonment for embezzlement and two years of suspended execution at the Seoul Central District Court, and the judgment became final and conclusive on the 24th of the same month.

On April 14, 2008, the Defendant jointly purchased the victim F at E construction site located in Dong-gu, during the Gyeonggi-gu, Around April 14, 2008, “If investing KRW 170,000,000,000,000,000, the Defendant transferred 50% of the shares in other workshops and paid the shares for 19 months each month on a rent basis. The Defendant concluded a re-contract upon the completion of the contract, or concluded that the shares will be acquired at KRW 150,00,000,000 per month.”

However, the facts are that the amount under the contract of other workers under the contract of other workers (fran PTR300 model) that the defendant agreed to purchase from TWz Co., Ltd. on or around March 11, 2008 is not only KRW 240 million,000,000,000,000,000,000,000 won, but also on April 15, 2008, the price of major parts, such as TWz's joints (Min Jib) and old joints (dong joints) imported from LWz Co., Ltd., by the defendant after sending two employees of the company to Hong Kong, was limited to approximately KRW 94,79,00,000,000,000,000 won, which the defendant agreed to bear, and there was no intention or ability to purchase other persons equivalent to KRW 344,00,00,000.

In addition, the defendant had mind to conclude a lease contract with the above worker, and had no intention or ability to transfer 50% of shares by purchasing another work amounting to KRW 340 million, even if he received investment money from the victim, as the defendant reserved ownership by entering into a lease contract with the loan company for KRW 120 million on May 6, 2008 and the lease contract for the term of 36 months.

The Defendant, from the victim, was a national bank account in the name of G Co., Ltd. operated by the Defendant from the victim, with KRW 70 million on March 12, 2008, KRW 30 million on March 26, 200, and the same year.

7.24.87 million won.