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(영문) 서울중앙지방법원 2015.06.12 2015고단1384

사기등

Text

A fine of KRW 3,00,00 shall be imposed on the crime No. 2 of the judgment of the defendant with respect to the crime No. 1 of the judgment of the defendant.

Reasons

Punishment of the crime

On January 19, 2012, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court for fraud and two years of suspended execution for the same year.

2. 17. The judgment becomes final and conclusive, and on July 25, 2014, the above court has been sentenced to two years of suspension of the execution of imprisonment for ten months for fraud;

8.2 The judgment became final and conclusive.

The defendant is the representative director of C corporation that operates and opens a coffee store and supplies coffee materials.

1. On April 6, 2011, the Defendant made a false statement that “The victim E would pay 2% of the monthly amount of investment every month when investing business funds as profits, and return the entire principal at any time when he/she wishes to return the investment funds.”

However, since the management difficulties of the Co., Ltd. since 2010, the total amount of the debt reaches KRW 1.4 billion, while the net profit per party 7 million or KRW 33 million, such as the aggravation of the financial situation, which led to the aggravation of the financial situation, requires many funds to be paid to the existing investors and return the operating deposit to the investors whose contract expired, so it is inevitable to prevent the return of the investment money received from the new investors by the existing investors or creditors for the return of the investment deposit or the repayment of the debt. Therefore, even if receiving the investment money from the victim, there was no intention or ability to return the profits and the principal as agreed.

As such, the Defendant, by deceiving the victim, and deceiving him from the victim, to the account in the name of the Defendant for a national bank account in the name of the Defendant, KRW 90 million on April 6, 201, and the same month.

7. 40 million won, the same month;

8. It received a total of KRW 180 million, including KRW 50 million.

2. Around July 31, 2013, the Defendant drafted an agreement on the transfer of claims to the victim to repay the claim equivalent to KRW 100 million against I, the owner of the H building in Seocho-gu Seoul Metropolitan Government, to the legal office of 402, Seocho-gu, Seoul, for the payment of obligations to the victim E.