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(영문) 서울중앙지방법원 2019.02.12 2018고합741
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant BH shall be punished by imprisonment with prison labor of ten months.

Reasons

Punishment of the crime

【Criminal Power】 Defendant A was sentenced to five years in Seoul High Court on July 12, 2018 to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the said judgment became final and conclusive on November 15, 2018.

【Criminal Facts】

1. Defendant A

A. A. Around July 10, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) issued a false statement to BJ, the vice president of the victim BI (hereinafter “BI”), a vice president of the victim BI (hereinafter “BI”) in the coffee shop located in Yangcheon-gu Seoul Metropolitan Government (hereinafter “BI”). Around July 10, 201, the Defendant issued a false statement to BJ, the vice president of the victim BI (hereinafter “B”), “B (hereinafter “B”). KRW 500,000,000,000,000 won, and the remainder KRW 50,000,000,000,000.”

However, in 2014, the Defendant: (a) around August 21, 2014, the Defendant established and operated a stock company F in the name of another person to continue to operate the wholesale market and retail business without any specific funds, while it was closed ex officio as a result of the Defendant’s failure to pay taxes of approximately KRW 1.6 billion; (b) around October 2014, the Defendant was charged with a large number of debtors with the liability of KRW 00 million due to fraud; (c) there was no intention or ability to pay the remainder of KRW 500 million due to the lack of any property or profits other than BI; and (d) there was no intention or ability to pay the remainder of the amount of KRW 500 million.

The Defendant, as such, deceiving BJ and deceiving it from BI on July 1, 2017, issued by BI on or around July 11, 2017, with a maturity of KRW 50 million, and KRW 16,000,000,000.

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