logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2015.03.26 2013고단1706
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant is a person who actually operated a limited liability corporation in China (hereinafter referred to as “Defendant Company”).

On January 1, 2007, the Defendant: (a) at the Korea Civil Aviation Service Center located in Taesung-si, Sweak-si, Sweaked from China, to acquire E Development Operation Right; (b) the Defendant would attract the Defendant’s investment of USD 700 million from the U.S. company within three months. However, it is necessary for the U.S. company to pay the amount of KRW 350 million to the company in the name of the case cost. If the Defendant lent KRW 350 million to the company, it would be paid at the latest by June 2007, including interest, to be paid at KRW 700 million.

However, the E-Development Business is a business requiring a project cost of more than 1 trillion won and a long-term project period. The Defendant Company was merely a capital cost of KRW 1 billion and received an investment because it was unable to procure the funds by itself, but at the time, it was merely a stage of realizing investors without requesting the E water dynamic forecast and research services, the most basic stage of the project implementation, and thus, until June 2007, the Defendant Company could not incur profits. There was no sufficient guarantee to attract sufficient investment to embezzlement the investment funds of other investors that would be the Defendant Company’s funds, and there was no particular property, so the Defendant did not have any intent or ability to repay the funds to the victim within the agreed period.

On January 11, 2007, the Defendant, by deceiving the victim as above, was transferred to the foreign exchange bank account in the name of the Defendant for the purpose of borrowing KRW 350 million from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each statement of the accused and D among the suspect interrogation records of the accused by the prosecution;

1. Statement made to D by the police;

1. The investigation report (with respect to confirmation of law firm F, etc.);

arrow