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(영문) 서울남부지방법원 2018.12.07 2017고합513
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of one year and six months.

except that this judgment.

Reasons

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendants' exercise of their right to defense.

[criminal record] On September 6, 2017, Defendant A was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Seoul Southern District Court on September 6, 2017 and the judgment became final and conclusive on September 14, 2017.

[2] Defendant A is a director of D Co., Ltd. (hereinafter “Co., Ltd.”) and the chairman of E, an incorporated association (hereinafter “E”), and Defendant B is a person who operates F.

1. Defendant B, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud by the Defendants), along with the victim C, introduced Defendant A to the victim from January 2015 by taking the highest course of study at the graduate school of arts at G University, using the pro-friendly portion that he came to know while attending the course of study at the graduate school of arts at G University, and Defendant A was immediately prior to the development and delivery of a new product, and Defendant A was unable to get out of the market due to lack of funds. Therefore, it has been recommended that he invest in or lend money.

The Defendants stated in the facts charged of H building and I in Yeongdeungpo-gu Seoul Metropolitan Government on February 2, 2015 as “Jho-ho,” but revised to “I-ho,” according to the entry of the entire certificate of registration (see, e.g., 3th page of the investigation record). Since “D products will be distributed in advance from May 2 to D in advance,” the Defendant’s profits can be seen as a few times of profits. Therefore, if the Defendant borrowed KRW 500 million, the principal and interest will be paid first to the end of each year, and the sales proceeds of LED new products will be divided equally.

Defendant B refers to “A”, and Defendant B is responsible for and on behalf of the victim for the full payment of the money.

“.....”

However, D was established on November 2014 for the purpose of manufacturing and selling LED lighting products, but it was difficult to operate normally due to the lack of sales, and E is operated as membership fees, but payment of membership fees has been reduced.

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