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(영문) 서울중앙지방법원 2015.12.30 2015고단5407
사기
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of eight thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[former and Fact-finding] Defendant A was sentenced to imprisonment with prison labor for one year and six months at the Seoul Central District Court on October 26, 2012, and the judgment became final and conclusive on October 29, 2012.

Defendant

B On October 26, 2012, the Seoul Central District Court sentenced ten months of imprisonment for a crime of fraud, etc. at the Seoul Central District Court, which became final and conclusive on December 28, 2012, and on April 12, 2013, the said judgment became final and conclusive on April 15, 2013, by being sentenced to imprisonment of four months and fine of three million won for a crime of fraud in the same court.

[Criminal Facts] The Defendants decided to recruit investors in relation to the business of cleaning and the sale of officetels and established a FF Farming Cooperative, and Defendant A was the representative director, and Defendant B was the vice president.

around July 201, the Defendants stated to the effect that, at the FF Farming Association office operated by the Defendants in Gangnam-gu Seoul Metropolitan Government, “The monthly income from the operation of the current laund factory is from KRW 200 to KRW 30 million, and there is a lot of profit if the Defendants sold the laund machine after the repair of the laundry machine. Since the Defendants purchased the commercial building in Pyeongtaek-gu and sold the commercial building after the completion of the construction, the profits amounting to KRW 1 billion. In the event of investment in the business, the Defendants would guarantee 30% of the principal and the principal of the investment, and would pay the amount equivalent to KRW 3% of the daily amount until it reaches that.”

However, in fact, the monthly profit of the laundry factory did not reach KRW 2000 to KRW 30 million, and the sales of the imported laundry was not actually promoted, and only the laundry commercial building was promoted by the contract, and it is not possible to purchase it and sell it. Thus, even if the laundry factory received investment money from the victim, there was no intent or ability to pay the principal and the profits.

The Defendants conspired to induce the victim and then received KRW 30 million from the victim on July 201 and KRW 30 million on September 6, 201.

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