특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for not less than four years and six months.
The defendant shall pay 1,531,00,000 won to the applicant through deception.
Punishment of the crime
1. Around June 2016, the Defendant: (a) concluded a funding contract and a funding management contract between L Co., Ltd. (hereinafter “L”) and H Co., Ltd. under the name of the representative I Co., Ltd. and H Co., Ltd. and (b) pretended to promote the Act on the New Airport Construction Project; (c) concluded a funding agreement between L Co., Ltd. (hereinafter “L”) and H Co., Ltd. on the pretext of fund management.
Thus, although the defendant and I decided to attract funds from victim E, the victim E is required to make L's financial management undertaking.
L was required, and L refused the request on the ground that L was a matter of responsibility for the executor.
Accordingly, the defendant and I conspired to forge a financial management agreement to the effect that L will pay interest on the investment amount and bear the responsibility for the management of the fund at the request of the complainant on the concern that E may withdraw the investment commitment.
On July 4, 2016, the Defendant: (a) prepared the Act on the Contract for the Business of Keeping Money for Storage with the purport that “if 3.5 billion won is deposited in L for a period of four months at the N Office located in Mapo-gu Seoul Metropolitan Government, the Defendant shall pay interest of 2% per month as interest on the deposit money, and shall not withdraw the deposit money without the consent of the deposit money; and (b) stated “ Address: Address: Gangnam-gu Seoul Metropolitan Government O building, 10th floor, and trade name: L representative director P of the corporation.”
Defendant and I, around July 5, 2016, after the following day, met the Victim E’s proxy Q in the L conference room located in Gangnam-gu Seoul Metropolitan GovernmentO building, and the Defendant was in advance created by the Defendant on June 5, 2016 on the P side of the L representative director while carrying out L’s work as an employee.
L's corporate seal imprint, and I affixed a seal to the H representative director column.
Accordingly, the Defendant, in collusion with I, forged “a gold management agency contract” in the name of LO representative director P, a private document on rights and obligations.
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