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(영문) 서울동부지방법원 2012.08.13 2011고단3035
사기
Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive, the Defendants are above.

Reasons

Punishment of the crime

Defendant

On October 1, 2010, A was sentenced to 8 months of imprisonment for fraud in the Sungwon District Court's Sungnam branch, and the judgment became final and conclusive on January 12, 2011.

In addition, on May 26, 2011, Defendant C was sentenced to eight months of imprisonment for fraud at the Seoul Eastern District Court and the judgment became final and conclusive on June 3, 2011.

Defendant

C From March 2004 to March 2005, the Songpa-gu Seoul Metropolitan Government, and from around that time to October 2005, the person who had been employed as the representative director of I who had been engaged in business with the main office in Gangdong-gu Seoul Metropolitan Government H respectively. The defendant A and the defendant B worked as the first director of the corporation from September 2004 to October 2005, respectively, and the J from March 2004 to October 2005 as a person who had been employed as the head of I from October 2005.

The Defendants were aware that: (a) there was little business performance in the Company I, which had been operated at the time; (b) approximately KRW 6,00,000 for office rent of 3-4 months; and (c) it was difficult for the Company to provide funds to the employees to the extent that the said Company was unable to pay monthly wage of KRW 200,000; and (b) there was no fact that the Company entered into an agreement with the Federation of Special Duties Performance (HID); (c) DIDs; and (d) there was no intention or ability to provide a large amount of profits even if the company entrusted sales of seized goods to be promoted by the said Company had failed to obtain investments from other persons.

Nevertheless, the Defendants received money from the victim K to use it as expenses for moving offices, etc. from December 2004 to January 2005. From early 2005 to early 2005, Defendant AB and J are the victims K, and the head of the J headquarters actually operates the company.

The above company entered into an agreement with the Special Duty Execution Association (HID), the Diplomatic Association, the Korea Customs Service, etc. as a company that carries out a sales business of goods seized by customs.

3.2

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