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Defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
[Criminal Justice] On September 30, 2011, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud at the Seoul Central District Court on September 30, 201, and the judgment became final and conclusive on June 28, 2012.
【Criminal Facts】
The defendant is a representative director B of a corporation B located in the Philippines.
1. On March 28, 2011, at the office of the victim C, located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the Defendant: (a) made a false statement to the victim, “B is running a business related to the net products in the Philippines; (b) is used for the project cost for subsidiaries B of the Philippines; and (c) is paid in full with interest of 10% per annum after two years thereafter; (d) is to be paid in full; (e) is to be issued shares equivalent to the shares of 50% of B; and (e) is to be made an investment in the Telecommunications Business to
However, the defendant was willing to receive money from the victim to use other personal debt repayment and living expenses. At the time, the corporation B did not normally operate due to the lack of operating funds, and thus there was no intention or ability to use money from the victim as business expenses or to deliver B shares to the victim.
The Defendant, as above, deceiving the victim and deceiving him from the victim for business financing B, the Defendant 30,000,000 won around March 28, 201, and the same year.
4. The same year, around 28.28 50,000,000 won.
5. Around November 1, 200,000 won, a total of KRW 150,000,000,000, around four occasions, including KRW 20,000,00, around the same month.
Accordingly, the defendant was given property by deceiving the victim.
2. Around June 20, 2011, the Defendant against the victim E made a false statement that “A victim is running a business related to the net products in the Philippines. Around June 20, 201, the Defendant would use the shares equivalent to 5% of the shares held by a corporation that is a corporation of the Philippines for the project cost in B if he/she would pay money with the purchase price of shares issued and transferred within 60 days.”
However, even if the defendant receives shares from the victim, he shall pay other obligations.