beta
(영문) 인천지방법원 2018.02.22 2017고단3369

사기등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

1. Preparation of private documents for qualification solicitation and display of private documents for qualification solicitation;

A. On December 2014, the Defendant: (a) received 100 million won from E as an investment; and (b) drafted “contract” using a computer and flater.

The contract provides that "the defendant who is the representative director of F, a corporation, receives KRW 100 million from E and pays KRW 2 million per month as interest."

However, the defendant was not a representative director of F.F.

On December 29, 2014, the Defendant signed the bottom (A) of the above contract at “H coffee shop” near Guro-gu Seoul Metropolitan Government, “A” on the side of the printed part of “Seoul Guro-gu G 1210 representative director A”, and had the Defendant enter the above E’s personal information in the column (A) above.

Accordingly, the defendant, for the purpose of exercising, drafted a copy of the private document contract, which is a private document on the duty of rights, using the qualification of representative director of F Co., Ltd.

B. On December 29, 2014, the Defendant: (a) delivered to E a contract written as referred to in the preceding paragraph at the coffee shop as if it was duly formed; and (b) exercised the contract.

2. Fraud;

A. On December 29, 2014, the Defendant drafted an investment contract as referred to in the preceding paragraph by stating that “If he/she invests money in the business of securing a vehicle in Gangwon-do boat, he/she will pay 2% of the principal interest to the victim E, and return the principal after one year.”

However, in fact, from around 2009, the Defendant was running a personal enterprise called “Fwe” and closed its business due to the failure to operate the company, and there was no relation with “F” corporation F, and there was no occurrence of the profit therefrom since there was no fact that the vehicle security loan business was conducted at that time. The investment funds received from the injured party were used as personal living expenses, etc., and there was no intention or ability to pay the profit according to the promise to the victim.

Nevertheless, the defendant is the victim.