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(영문) 서울서부지방법원 2017.12.13 2017고합259
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. Fraud;

A. D and joint crimes (E Company F-related crimes) Defendant and D are the representative director of H, Co., Ltd., for which D had been working, while living in a detention center in Seoul Southern District around September 2010.

On May 2014, the Defendant, who is engaged in IT business, was preparing for the assembly smartphone project called “F” in E, and was working for the business of creating and supplying the skel to E (hereinafter “J project”) using the bones of assembly smartphones, and tried to obtain the investment money from others by deceiving the company called “K” as if the said J project is being carried out.

Therefore, the Defendant proposed I to jointly move into the G University Industry-Academic Cooperation Center, and acquired data related to the J Project, and prepared a letter of understanding in the name of E with the content that “K” company participated in the F Project implemented by E using a computer on March 23, 2015 and that the 400,000 tons of kelel is to be supplied to E.

그 후 피고인은 2015. 4. 경 공연 사업을 진행하면서 투자자를 많이 알고 있는 D에게 “E에서 ‘F’ 이라는 조립 폰 프로젝트를 E 측에 납품하는 사업을 추진하고 있다, 투자자를 모집해 주면 사업 지분을 나눠 주겠다 ”라고 말하면서 위와 같이 위조한 E 사 명의의 양해 각서를 건넸다.

However, in fact, the above J project did not take part in the above project as the project that I was under way, and the defendant did not take part in the above project, and I did not undertake the above J project any longer on January 2015 on the ground that even if the project is under way, there was a business entity with existing business performance, and even if the project is under way, the defendant did not implement the above J project. Therefore, even if the defendant received money from the investor in relation to the J project, he shall pay the personal debt and is not a J project.

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