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(영문) 서울중앙지방법원 2017.06.22 2016고단5601

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the defendant shall be sentenced to the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Co-defendant C is the chairperson of corporation D, the co-defendant E is the chief executive officer of corporation D, and the defendant is the director of corporation D.

Co-Defendant C and Co-Defendant E establish a plan to take over Griart located in the Gyeonggi-do, where the operation of the corporation was suspended due to the default, and for this purpose, the Defendant would be qualified as a director when financing the establishment funds of the foundation while making a fluent relationship with the above plan to the Defendant, and making a contribution to the establishment funds of the foundation.

was made.

On July 7, 2014, the Defendant presented to the victim J of the I hotel coffee shop located in Ha, YY-gu, Jeonsan-si, the first instance court concluded that “If the Defendant had borrowed KRW 100 million of the application fund for the establishment of a foundation, he would accept G riju in the name of the foundation by establishing K Griju, the Foundation, the Foundation, which had been suspended due to default, to take over the Griju in the name of the foundation, and would accept the Griju in the name of the foundation.” The Defendant made a false statement to the effect that “The Defendant would receive Griju-gu, the Foundation, the Foundation, and pay the 100 million won and interest accrued therefrom immediately after the establishment of the foundation.”

In addition, the defendant et al. agreed that the defendant et al. shall prepare a loan certificate in the name of N, the representative director of the above corporation, and deliver it to the victim, and that the defendant et al. shall receive the payment of the remaining KRW 50 million,000,000,000,000 from the victim, and then send the certificate of confirmation of receipt of the incorporation

Defendant

On July 21, 2014, pursuant to the above agreement, the injured party was transferred to the above N’s account as a loan deposit, and the injured party demanded the defendant to verify the receipt of the establishment of the legal entity, the injured party was moving the injured party to the K Office in Seoul, and the Co-Defendant E was introduced to the Co-Defendant C in common with the co-defendant.

Joint Defendant C and Joint Defendant E can take over Griart immediately to the victim.