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(영문) 광주지방법원 순천지원 2018.01.25 2015고단1918
사기
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for four months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A was sentenced to eight months of imprisonment for fraud at the Gwangju District Court on April 15, 2015, and the judgment was finalized on June 8, 2015.

1. The Defendants’ joint criminal acts [2015 senior group 1918] Defendant B is the representative under the name of D Co., Ltd. (hereinafter “D”) located in Net City C (hereinafter “D”), and Defendant A is a person who actually operated the said company.

On December 2, 2012, the Defendants made a false statement to the effect that “I issue tax invoices of an amount equivalent to 500 million won from D to I, and by reporting this to the tax office, I would pay 13% of the total return amount as added value to 10% of the total return amount.”

However, in fact, the Defendants failed to operate D and pay the construction cost, etc., and Defendant A’s attorney fees were not paid properly. Thus, even if the above money was paid from the injured party, the above value-added tax was paid with the above money, or there was no intention or ability to report the transaction at the tax office.

Nevertheless, the Defendants conspired to induce the victim, and received each delivery of KRW 25 million around January 11, 2013 from the victim, and KRW 30 million around January 16, 2013 from the victim.

2. Defendant A’s sole crime [2016 order 436] Defendant A received the victim L from a related investor at K Convention Center (a building under construction in the land of net City C; hereinafter “instant Convention Center”) in the process of auction through Police Officers J on August 2014, Defendant A explained to the victim as if it could bring large profits if the victim invested in the Convention Center.

A. On September 1, 2014, Defendant A received a loan from the above victim at the n coffee shop located in Ma at the Ymcheon-si on August 30, 2014.

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