logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2012.08.30 2012고단2162
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. The Defendant and C were in office as an auditor of E Co., Ltd., the second floor of Daejeon Sung-gu building D, and was appointed as the representative director on July 29, 2010, and C is the former representative director of the said company.

2. In collusion with C on August 26, 2009, the Defendant: (a) in collusion with C, at the above E office on August 26, 2009, stated to the effect that “A stock company E is an educational owner for the company that manufactures teaching materials for fish education; (b) an educational share is available for making an investment by purchasing and listing shares for 3,500 won per share; and (c) a large amount of profit would be available for making an investment by purchasing and listing shares for 3,500 won per share. In addition, when investing in our company, 1.5% of the monthly amount of the investment will be paid dividends for 1.5% of the monthly amount of the investment. In addition, the company will return the amount of its own shares to the company at any time when money is required; and (d) would make a withdrawal of money from the Eths passbook head to pay interest by depositing 1.5% per month in the company.”

However, the above E did not have any intention or ability to pay dividends of 1.5% per month continuously even if the victim received an investment from the victim, because the above E had continued to enter the money without any particular operating fund and did not have the market secured. Therefore, even if he received an investment, he did not intend or have the ability to pay dividends of 1.5% per month.

The defendant and C, as such, deceiving the victim and deceiving him as such, shall be KRW 100,00 won around August 26, 2009, KRW 50 million around the 27th of the same month, KRW 19,000,000 won around the 31st of the same month, and the same year.

9. A person who received around 15.15.1 million won in total, including 5.5 million won in around 28.25 million won in the same month and around 28.25 million won in the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. A protocol of suspect examination of G police officers;

1. The police statement concerning F;

1. Details of banking transactions;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

arrow