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(영문) 서울서부지방법원 2017.04.26 2017고단421
사기방조
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

【The Defendant was sentenced to five years of imprisonment for fraud, etc. at the Seoul Central District Court on December 26, 2013, and the said judgment became final and conclusive on January 3, 2014. On June 18, 2014, the Seoul Western District Court sentenced the Defendant to one year and six months of imprisonment for fraud, etc., and the said judgment became final and conclusive on November 19, 2014.

【The Defendant, under the name of the company C (hereinafter “C”), was unable to borrow money from E while carrying out an officetel construction and implementation (hereinafter “instant implementation project”) in the name of the company C (hereinafter “C”), and subsequently, failed to repay the money, and thus, he/she entered into an important contract related to the instant implementation project with E around May 2010, including the shares of C and the representative director, corporate seal impression, and the important contract related to the instant implementation project. However, even thereafter, he/she was in transit of E.

C’s seal impression to enter into a contract for lending money and selling agency services using the corporate seal impression, and filed a complaint from E on July 7, 201 to charge of fraud, forgery of private documents, etc. and received investigation at the Seoul Eastern District Prosecutors’ Office. Therefore, it was impossible to carry out a sales agency contract without permission from E.

Nevertheless, around January 26, 2012, the Defendant requested F and G to enter into a sales agency contract as if he/she had the authority to enter into the sales agency contract with the F and G who wished to carry out the sales agency business in the Eunpyeong-gu Seoul Metropolitan Government, and demanded 200 million won of the deposit. Accordingly, the Defendant would receive money from the investor by using the document that “the deposit 200 million won has been fulfilled” from F and G.

“As a result of the receipt of a proposal,” “F and G have prepared a “sale agency contract” to the effect that the payment of deposit 200 million won was made by accepting it.

F and G show the above "Contract for Sale Agency" to the victim H on the same day, although the payment of the deposit money for the execution of the contract for sale agency cannot be made effective, it is not possible to carry out the sale agency project.

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