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(영문) 대구지방법원 2018.11.20 2018고단2960
사기등
Text

Defendants shall be punished by a fine of five million won.

In the event that the Defendants did not pay the above fine, the above fine shall be paid on 100.

Reasons

Punishment of the crime

1. The Defendants: (a) decided to establish the FF for the purpose of the victim E, water purifiers, and the manufacture, wholesale and retail business; (b) decided to pay the shares equivalent to the shares they acquired to F; and (c) requested the victim to pay KRW 20 million to the victim for the share price of KRW 40,000 for the F shares to be received by the victim.

However, even though the Defendants did not have the intent or ability to pay the shares due to the absence of certain income or assets at the time, the Defendants thought that the Defendants would have prepared the capital of F with the best payment and received the money from the injured party as operating expenses.

As a result, the Defendants conspired in collusion to deceiving the victim, and they received 20 million won from the victim on July 25, 2017 to the corporate bank account under the name of the Defendant A (G) under the name of the F Stock Price.

2. The Defendants in violation of the Commercial Act decided to establish the F, but at the time, the Defendants did not have the capacity to prepare capital KRW 100,000,000 from the bond company and did not pay the F capital.

Accordingly, on August 2, 2017, the Defendants entered the Daegu District Court’s 212, Daegu Dong-gu, Daegu District Court as a bond manager in the registry state, but did not have the bond manager H, and submitted a certificate of balance equivalent to KRW 100 million in H’s name, and completed the F’s establishment registration and paid KRW 2 million in return for using the H’s certificate of balance.

Accordingly, the Defendants conspired to make the F's capital payment of KRW 100 million.

Summary of Evidence

1. The legal statement of the defendant A, B, and C

1. The defendant D's partial statement

1. Legal statement of E;

1. Report on establishment of a corporation and application for registration;

1. All the data on the application for registration of F (Defendant D did not have conspired to commit fraud, and Defendant D did not know about the most recent payment of shares.

However, this shall not apply.

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