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(영문) 청주지방법원 2020.01.30 2019고단1071

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On October 12, 2018, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Cheongju District Court, which became final and conclusive on November 1, 2018.

【Criminal Facts】 The Defendant is the representative of D Co., Ltd., who mainly engages in the business of producing aggregate in North Korea-based, North Korea-based, Seoul.

1. On November 2016, the Defendant against the victim B: (a) at F’s house located in Seo-gu Daejeon, Daejeon; (b) “A corporation is engaged in aggregate extraction business; (c) the victim B established a corporation by investing KRW 30 million; and (d) the monthly profit amounting to KRW 200-3,000,000,000 for Gyeongjin-gun G. The victim’s profits amounting to KRW 4-50,000 per 1,000 for dump truck with good quality; and (d) the daily output was calculated as KRW 100,000 per 1,000 for dump truck; and (e) the victim B was entitled to receive KRW 10,000,000 from KRW 10,000 per month for 10,000 for dump truck; and (e) the investment began with the permission to screen aggregate scrap in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.”

However, in fact, the Defendant had a personal liability of KRW 300 million, and there was no permission for the crushing of aggregate in the G G of Ulsan-gun, Chungcheongnam-do, and there was no intention or ability to pay profits to the victim even if the Defendant did not obtain permission for the crushing of aggregate, and the progress of the aggregate extraction business was uncertain because it was impossible to commence the business. Even if the Defendant was paid investment funds from the victim, it was thought that it would be used separately for the repayment of expenses related to the construction project or personal obligations

Nevertheless, as above, the Defendant: (a) deceiving the victim; (b) caused the victim to establish a legal entity that is “H”; and (c) opened an IF account in the name of H Co., Ltd.; and (d) received the physical card connected to the said account from the victim; and (c) caused the victim to receive the said card. < Amended by Presidential Decree No. 27575, Nov. 1, 2