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(영문) 대전지방법원 홍성지원 2019.07.23 2018고단584

사기

Text

[Defendant A] The defendant shall be punished by imprisonment for ten months.

However, for two years from the date this judgment becomes final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

[Criminal Justice] On April 2, 2015, Defendant A was sentenced to two years of suspended sentence for embezzlement at the Seoul Central District Court on October 10, 2015, and the above judgment was finalized on April 10, 2015. Defendant B was sentenced to two years of suspended sentence for six months of imprisonment for fraud in red support at the Daejeon District Court on March 22, 2017, and the above judgment became final and conclusive on January 24, 2018.

【Criminal Facts】

Defendant

A is the actual representative of corporation C, and the defendant B is the director of corporation C in charge of raising funds.

From around 2012, the Defendants conspired to attract investment funds from investors by means of D Corporation and E Corporation, even though there is no physical or human resource to carry out the actual projects, such as tinsan Development Project, and there is no material or human resource for the said corporation.

Accordingly, around November 13, 2014, the Defendants stated that “G” coffee shop located in F of the Gunsan-si would proceed with D Corporation E construction, and that “if the Defendants invest KRW 100 million in D construction site and KRW 50 million in E construction site, the Defendants would divide the soil from D construction site into KRW 200,000 per 1st, and distribute the profits of KRW 92,00,000 per dump truck by calculating the profits of KRW 1,00 per dump truck.”

However, in relation to D Corporation, the above Corporation was under way with limited liability I, and the J Co., Ltd. entered into a contract with limited liability C did not have any right to carry out the above Corporation, and even in accordance with the above contract, C agreed to pay KRW 300 million deposit to J Co., Ltd., and C did not have any intent or ability to pay KRW 300 million deposit. Accordingly, C was in a situation where D Corporation could not be actually carried out, and it entered into any contract with K Co., Ltd., the prime contractor in connection with E Corporation.