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(영문) 서울중앙지방법원 2014.08.20 2013고단4988

사기

Text

Defendant

A and B shall be punished by imprisonment with prison labor for each of the crimes listed in the [Attachment A] Nos. 1 through 8] in the judgment of each court, and shall be attached to the judgment.

Reasons

Punishment of the crime

Defendant

A and B were sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Central District Court on November 9, 2010, and the judgment was finalized on May 31, 201 for Defendant A and on November 17, 201 for Defendant B.

Defendant

A is the actual operator of G Co., Ltd. established for the purpose of visiting and selling business, and Defendant B is the representative director of the above company, who has overall control over the affairs such as fund management and document management, Defendant C is the Seoul head of the above company, Defendant D is the head of the above company's Seoul head office, Defendant D is the head of the above company's government branch,

In early 2009, at the G Seoul Office located in the second floor of the Dongjak-gu Seoul Metropolitan Government H Building, the Defendants expressed to the victims I who reported the fact that they sold the real transport to the elderly, and explained the actual transport to the victim I, who was found to have reported it, and, upon explaining it, the Defendants stated to the effect that “We will have our company enter the first room if you want to enter the second floor even after several months of the loan of money, or if you want to transfer the money to the "J" deposit, you will have the company enter the first room", and the cost of living and management will be borne by G as a whole.

However, in fact, from around 2006 to December 2008, the above company obtained 2,458,000,000 won from 64 victims from debt collection business through the method of fund-raising without delay and did not pay proceeds to the victims. Since 2008, the above company borrowed money from victims because it was under the construction of the real trust from 2008 and borrowed money from victims, but it did not pay proceeds properly. The defendants did not obtain development permission for the site to construct the real trust, but it was difficult to obtain profits from the real trust business due to the absence of proper development permission, and even if they borrowed money from the victims.