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(영문) 수원지방법원 성남지원 2014.12.02 2014고단245
사기
Text

1. The defendant A shall be punished by imprisonment with prison labor for one and half years and for six months;

2.However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who operates the F Lestop in E located in Seongbuk-gu, Sungnam-si, which is a general executive director of the company, and the defendant B is a person who is a general executive director of the company.

When the business operators of the above Lestop have accumulated rents, etc. have failed to pay rents, the Defendants had induced E to resolve the operational difficulties of the above Lestop by attracting the business of the crowdfunding.

around November 23, 2012, the Defendants stated that “We intend to engage in the futures business from E” to the victim’s office located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si, stating that “We are already reported to the Sungnam City Mayor to engage in the futures business by using the 1st conference and community of E and approved all of the approvals. We are unable to operate the futures business solely due to lack of experience in the operation of the futures business.” The Defendants stated that “I will start the futures business from Sungnam-si, Sungnam-si, the approval of the venture business was made.”

However, in fact, the above brokerage business has been still reviewed, and there was no decision at all on the method of the operation of the brokerage business, and since the approval of the brokerage business from the Sungnam City was unclear whether it would be approved or not, there was no intention or ability to perform the contract even if it was concluded with the victim and received the money.

On December 14, 2012, the Defendants prepared a partnership agreement under which 300 million won is delivered by the victim on condition that the victim transfers 50% of the shares in the said business with the victim and received KRW 50 million from the victim on December 15, 2012, and received KRW 150 million from the victim on January 11, 2013 to the Defendant A’s account.

Summary of Evidence

1. Each legal statement of the witness H, I, J, K and L;

2. Statements of M or L among the suspect interrogation records of Defendant A twice by the prosecution against Defendant A;

3. The police statement of M or N;

4. The partnership contract; and

5. Written estimate.

6. E-operation plan.

7. Business report.

8. The application of the details of accounts A (O) and the Acts and subordinate statutes on payments;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 347(1) and 30 of the Criminal Act; the choice of imprisonment

2. Defendant B of suspended execution: Criminal Act.

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