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(영문) 서울중앙지방법원 2017.02.10 2016고단4673 (1)
사기등
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 becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A On December 16, 2016, he/she was sentenced to six months of imprisonment for embezzlement at the Seoul Central District Court and two years of suspended sentence, and on December 24, 2016, the judgment becomes final and conclusive.

C is the president of the farming association E established for the purpose of operating the agricultural product supply business in the fourth floor of the building in Gangnam-gu Seoul Metropolitan Government, and the defendant is the representative director of the above E.

1. Fraud C, the Defendant, at the above office around June 30, 2015, supplied the Victim F with food materials to the Nonghyup, and invested due to the shortage of funds.

An investment was recommended to the effect that it will pay 5% interest per month and pay the principal within 7 days in case of a request for termination.

However, due to the lack of the supply of agricultural products to the Agricultural Cooperative and the creation of profits, E was operated in the form of a prompt return of the principal and interest, etc. paid to the existing investors by investors, and even if investment is received from the damaged party, E did not have the intent or ability to pay interest, etc. to the injured party, such as the agreement.

Nevertheless, in collusion with C and the defendant, the victim was accused, and the victim was delivered KRW 10,00,000 for the same day as the investment money from the victim, and the victim was delivered from the time until January 31, 2016, and acquired KRW 288,00,000 from the total of eight persons, such as the list of crimes, from January 31, 2016.

2. No person who violates the Act on the Regulation of Similar Receiving Acts shall make an agreement to pay the full amount of investment or an amount exceeding it in the future without obtaining authorization or permission from the authorities, and any other similar receiving act of money, etc. from many and unspecified persons for the purpose of making an investment,

Nevertheless, C and the defendant shall in collusion with the F in the same manner as described in paragraph 1 at the time and place described in paragraph 1.

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