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(영문) 인천지방법원 2016.09.22 2015고단5277
사기등
Text

A defendant shall be punished by imprisonment for three years.

Each request for compensation order shall be dismissed by an applicant.

Reasons

Punishment of the crime

To the extent that the Defendant does not have any substantial disadvantage in exercising the Defendant’s right of defense, the facts charged are found to be facts constituting a crime. [Based on the premise] On January 1, 2012, the Defendant invested funds in F, a business chain Co., Ltd. (hereinafter “F”) (hereinafter “F”), such as the manufacture and wholesale of the CM, operated by E, thereby running the said company jointly with E. On May 24, 2012, the Defendant was appointed as the representative director of the said company and led the decision-making. From November 2012, the victim C was a person operating the said company independently, and the victim C was a person operating the said company around April 12, 2012, the victim C was provided with the 60 million U.S. dollars in the name of “F,” which is expected to be imported from “G” as collateral, and the Defendant was clearly written in the 180,000 U.S. dollars’s bill of indictment for correction of the same month.

[Criminal facts]

1. On June 13, 2012, at the office of “F” located in Seocho-gu Seoul Metropolitan Government H. 502, the Defendant drafted a letter of commitment to the effect that “The Defendant will be entrusted with the head of the Tong and the employee of the legal entity for withdrawal of deposits so that the money can be collected first as the refund of the value-added tax is refunded,” and that “the additional 200 million won will be additionally leased, and the additional 200 million won will be repaid if the value-added tax is refunded.”

However, the defendant shall borrow money from the above victim C even if he imports the machinery by borrowing additional money from the above victim C and receives a refund of value-added tax.

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