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(영문) 서울남부지방법원 2018.12.21 2015고합476
특정경제범죄가중처벌등에관한법률위반(사기)
Text

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

Reasons

Punishment of the crime

[criminal records] On November 28, 2012, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for embezzlement, etc. at the Seoul Southern District Court, and the judgment became final and conclusive on April 12, 2013.

[2] On March 17, 2008, around March 17, 2008, the Defendant established and operated a corporation E (hereinafter “E”) that made Defendant D as its representative director from the Yeongdeungpo-gu Seoul Metropolitan Government subparagraph B C C as its representative director.

E was a company established for the purpose of business such as the importation of prestigious clothing and agency business, and the defendant was a representative director due to tax delinquency and non-payment of loans at the time of the establishment of the above corporation.

In addition, on July 2010, the Defendant was living at the house leased at KRW 20 million, monthly rent of KRW 1.1 billion, and the amount of personal debt KRW 200,000,000 prior to the establishment of E, and the amount of loan equivalent to KRW 1,220,000,000,000,000 from investors, and the amount of investment KRW 1,000,000,000,000,000. On the other hand, the Defendant’s credit held was more than KRW 70,000,000,000, but it was insufficient to pay the office operating expenses and interest on dividends and obligations to other investors.

Nevertheless, the Defendant, upon introduction of F on July 17, 2010, received KRW 10 million as the down payment related to the operation of the store with the victim H and the victim H, who found the store in G with the introduction of F around July 17, 2010, and subsequently received the delivery of KRW 10 million as the down payment related to the operation of the store, attempted to borrow money by deceiving the victim as if he imported overseas printed goods and exported them to China, etc.

Accordingly, around August 2, 2010, the Defendant’s profits from the market price of 30% at the “JJ office of Yangcheon-gu Seoul Metropolitan Government (JJ)” in the office of “JJ” in the Yangcheon-gu Seoul Metropolitan Government (JJ).

To pay interest of 2.5% per month.

“The victim made a false statement.”

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