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(영문) 서울중앙지방법원 2019.02.15 2018고단441
사기
Text

Defendant

A Imprisonment with prison labor for one year, and for one year and six months, respectively.

Reasons

Punishment of the crime

[Criminal Power] On October 12, 2017, Defendant A was sentenced to a suspended sentence of two years for the crime of uttering of forged official documents at the Suwon District Court on June 201, and the judgment became final and conclusive on October 20, 2017.

Defendant

B On July 28, 2016, the Seoul Central District Court sentenced one year of imprisonment with prison labor for fraud, etc. at the Seoul Central District Court on August 5, 2016, which became final and conclusive on August 5, 2016.

【Criminal Facts】

The Defendants, as co-operators of the Bank of Korea established for the purpose of distributing profits after receiving investments from investors in Lestop, etc., the Defendants: (a) recruited investors under the pretext that they would distribute profits with a fixed profit rate if they make investments in the Bank because of the lack of corporate operation funds; and (b) have actually been used for the purpose of the existing Company Operation Fund, which is irrelevant to the investment in the hospital.

1. Around May 2013, the Defendants posted an advertisement to the effect that, at the office of the Dispute Resolution Co., Ltd. in Gwanak-gu, Seoul Special Metropolitan City E-gu, the said office may obtain a large amount of profits if they invest in the funds for the management and operation of the “DD department” located in Songpa-gu Seoul Special Metropolitan City E-gu, and around June 2013, the said office of the Dispute Resolution Co., Ltd. reported and contacted the above website advertisement at the Dispute Resolution Co., Ltd., which made a false statement to the effect that “24% per annum of the amount of shares participating in the two-year period shall be paid as profits on the fifth day of each month, and if the hospital is not acquired, the total amount of the down payment received to the contractor shall be refunded,” and the above content of the “joint sales management and operation contract” related

However, in fact, even if the Defendants received money from the victim G as the investment money, they did not intend to make an investment in the said hospital for any other purpose, such as the Defendant’s operating fund, etc., and there is no doubt about the said dental survey and the said investment.

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