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(영문) 광주지방법원 2016.08.11 2015고단868
사기
Text

Defendant

A Imprisonment with prison labor for one year, for six months, and for six months, for Defendant C, each of them shall be punished by imprisonment for six months, and Defendant.

Reasons

Punishment of the crime

Defendant

A on May 25, 2010, sentenced one year and one month to be punished for fraud at the Gwangju District Court, and completed the enforcement on September 29, 2010. On February 25, 2015, Defendant C was sentenced to one year of suspension of execution at the Gwangju District Court for six months of imprisonment for fraud, and was dismissed at the appellate court’s appeal, and the first instance court during the current Supreme Court’s trial is the High Court Decision 2014 J. 4265, Goju District Court Decision 2015No653 and Supreme Court Decision 2016Do10945 Decided February 25, 2015.

Defendant

A is the former representative director of H in the dispute resolution committee, defendant B's representative director of H in the dispute resolution committee, and defendant C is the director of H in the dispute resolution committee.

The Defendants, from around 2003, performed activities on the pretext of investing in domestic development projects with the inducement of foreign capital, but did not actually received the inducement of foreign capital. Even if the Defendants borrowed funds from another person, they would not have the intent or ability to make repayment of the loan from the inducement of foreign capital, and would like to make an investment to a foreign constructor using a security deposit from the victim I, who viewed the Defendant C, with the intent to make an investment by using the money for lease on a deposit basis. As such, the Defendants conspired to borrow money from the victim as if the inducement of foreign capital was sexually lost.

On April 20, 2012, the Defendants, at the K hotel coffee shop located in the Dong-gu, Gwangju Metropolitan City around April 2012, stated that “If the Defendants received 100 million U.S. dollars from H to make an investment of 100 million U.S. dollars to Red be held as the Republic of Korea, 200 million won should be paid, and 200 million won will be paid after two months after the loan of 200 million won.

The phrase “ makes a false statement.”

However, the Defendants did not have the intent or ability to invest KRW 100 million, and from around 2003, the Defendants had been active in attracting foreign capital from around 2003, but did not have been sexually impaired, and there was no particular fund, organization, or professional manpower, and there was no ability to attract large-scale foreign capital.

Nevertheless, the Defendants are victims as above.

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