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(영문) 서울서부지방법원 2016.06.15 2015고단2675 (1)
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On October 6, 2010, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Daegu District Court, and two years of suspended execution, and the above judgment became final and conclusive on October 14, 2010.

[Criminal facts] The Defendant is the representative director of F Co., Ltd. established for the purpose of selling and selling golf tickets by proxy, and G was the managing director of the said company.

Defendant

And G around August 7, 2009, the victim J who was introduced through I by the F Office located in the second floor of the Gangnam-gu Seoul H building in Gangnam-gu Seoul Metropolitan Government on the second floor of the H building, and only the victim can pay high profits if he makes an investment in the victim as he is promoting the business equipped with commercial facilities, such as hotels, containers, and so on at present, in the space market.

If KRW 100 million is paid, it will be paid KRW 200 million plus investment return until October 30, 2009.

“The investment was recommended by making an investment.”

However, as the Defendant and G had been promoted at the time, there was no specific project implementation due to the suspension of the issuance of a visa and the revocation of the lease contract for the site of a set, etc., and the Defendant and G had no money to commence the sales agency business as well as the plan for the collection of investment funds from other investors, so even if they were to receive the investment funds from the victims, they did not have any intent or ability to pay the principal added with the investment return within two months.

Nevertheless, the defendant and G had the office of president of the F at the time (State)

In collusion with K, as above, a false statement was made and five 10 million won check was issued in front of the victim's 10 million won each on August 8, 2009, and three additional 10 million won check was delivered on or around September 16, 2009, respectively, and received KRW 85 million each on three occasions, including transfer of additional five million won around September 16, 2009.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G to the prosecution;

1. Statement made by the police to J;

1.I and L, respectively.

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