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(영문) 서울동부지방법원 2015.10.30 2015고정141
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 7, 2012, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Eastern District Court on August 30, 2012, and the judgment became final and conclusive on August 30, 2012.

The defendant is a D representative in Gyeonggi-gun C, and E is the head of the above D's business.

1. The Defendant and E did not have any sales performance of the aforementioned “D” as of June 12, 2010, and the Defendant did not have authority in the field of nanotechnology, but did not have research institutes or research achievements, and did not have any special nanotechnology. Since the transaction relationship with G was not maintained at the time of transfer of money from the victim F, even if the victim received money from the victim under the pretext of investment, there was no intent or ability to reduce the right to exclusive supply of additives for internal combustion engines using nanotechnology to the victim.

Nevertheless, around June 4, 2010, at a restaurant where the trade name in Gangnam-gu Seoul Cheongdamdong is unknown, E falsely speaks to the effect that “E will impose money on the victim when our nanotechnology is the highest world and investing in our nanotechnology, and can recognize investment to send cooperation funds to the U.S. head office,” and the Defendant provided the same explanation in that place.

At the I hotel coffee shop located in Gangnam-gu Seoul, Seoul around June 10, 2010, E makes a false statement to the victim that "E gives the victim the exclusive right to supply additives for the internal combustion engines in the East-dong area. It shall send 20,000 won as a performance guarantee to the United States." The defendant in this Article and received one copy of the check of KRW 10,000 from the victim as a performance guarantee on June 12, 2010.

In this respect, the defendant and E were led to deception of the victim and received property.

2. The crime of July 25, 2010 and August 5, 2010, committed by Seoul around July 2010 to the victim, who invested part of the performance guarantee, such as the foregoing paragraph 1, to the head office of the United States.

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