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(영문) 서울북부지방법원 2016.02.03 2015고단1535
사기
Text

Defendant

B Imprisonment with prison labor for eight months, for ten months, for each of the Parties A and C, and for one year, for each of the Parties D.

(b).

Reasons

Punishment of the crime

Defendant

D is the representative director of Hong Congo located in Hong (State). Defendant A is a person who carries out Defendant D and was personal in mind, Defendant C is the representative director of the JJ (TV home shopping company located in China) and Defendant B is a de facto operator. Defendant B is a person in charge of funding of the said JJ, and Defendant C and Defendant B were living together with Defendant C and were enrolled in the same church.

The introduction of K became aware of Defendant D and Defendant A.

Defendant

D and Defendant A expressed to Defendant C and Defendant B that “The former president’s payment of KRW 500 million is managed due to their friendship with the children of the former president of the Republic of Korea of the Netherlands, and among them, 200 million is intended to make an investment in TV home shopping companies in China. However, in order to withdraw the funds deposited in the Hong Congo Bank, it is necessary to pay a fee, and thus, it is necessary to make an investment of KRW 20 million with the fee.” Defendant C and Defendant B accepted this.

Accordingly, around September 10, 2009, the Defendants gathered at the coffee shop near the hill station located in Seocho-gu Seoul, Seocho-gu, Seoul, and invested 20 billion won in the above J LLC, but the Defendants drafted a joint venture agreement with the effect that the above J LLC will bear 50 million won for the investment, and that the above J LLC will bear 50 million won for the fee required for the investment.

In fact, although Defendant D did not have managed the funds of the former president of the Philippines or owned the property that could have invested 20 billion won, Defendant D and Defendant A had the intent to acquire money by citing another person while making an investment through funds, etc., and Defendant C and Defendant B were doubtfully suspected that the proposal of Defendant D and Defendant A was impossible, and there was no method of preparing 500 million won with the above fee, even though there was no method of preparing 500 million won with the above fee, the said TV home shopping company operated in China was under poor operation of the said TV home shopping company and the lack of funds, thereby facing the crisis of default.

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