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(영문) 서울중앙지방법원 2016.11.29 2015고단3744
사기
Text

Defendant

A Imprisonment with prison labor for a year and six months, for a year of imprisonment for a defendant B, for a period of six months of imprisonment for a defendant C, and for a defendant D.

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to two years of imprisonment for a crime of fraud at the Seoul Central District Court on April 16, 2008, and the above judgment was finalized on January 15, 2009. On October 1, 2009, Defendant A sentenced three months to three months of imprisonment for a crime of fraud at the Seoul Central District Court on February 25, 2010, which became final and conclusive on February 25, 2010, and was released on May 20, 2010 and passed on July 15, 2010.

Defendant

C On February 13, 2014, the Seoul Central District Court sentenced four months of imprisonment for fraud, which became final and conclusive on April 8, 2014.

Defendant

D On June 19, 2015, the Daegu District Court sentenced two years of suspension of execution to one year of imprisonment for a violation of the Punishment of Violences, etc. Act (joint conflict) and became final and conclusive on June 27, 2015.

【Criminal Facts】

Defendant

A as the president of the J (hereinafter referred to as the “J”) of the Gangnam-gu Seoul International Building 3rd floor of the J (hereinafter referred to as the “J”), Defendant B was in charge of financial management and domestic sales as the representative director of J, and K was in charge of funding as the president of J.

Defendant

C directly recruited investors of J, the victim L, after hearing the explanation from the first defendant C to the J and being introduced by the J, began to lend money to the J as follows.

Defendant

D directly recruited investors of J with Defendant C while trying to operate K's merchandise coupon sales business. The victim M was given explanation from Defendant C and Defendant D and borrowed money to J as follows.

1. Joint criminal conduct between Defendant A, Defendant B, and K - Fraud against Victim L

A. In around September 15, 201, Defendants and K run a merchandise coupon sales business by purchasing merchandise coupons at a price lower than the fixed price and selling them at a fixed price at the JJ around September 15, 201, and importing and selling overseas masters;

The interest of 10% per month shall be paid when the operating capital is lent to J.

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