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(영문) 대전지방법원 논산지원 2017.05.19 2016고단445
사기
Text

Defendant

A For the crimes of Class A, six months of imprisonment, and fines of 3,00,000,00 for the crimes of Class 2 of the ruling, respectively.

Reasons

Punishment of the crime

[criminal record] On October 29, 2013, Defendant A was sentenced to imprisonment with labor for a violation of the Petroleum and Petroleum Substitute Fuel Business Act in the Daejeon District Court Support on October 29, 2013, and the judgment was finalized on November 6, 2013. Defendant B was sentenced to two years of suspension of execution for a crime of fraud in the area of Manpo Branch of the Gwangju District Court on May 9, 2013, and the judgment was finalized on August 15, 2013.

[Criminal facts]

1. The Defendants’ joint crime (hereinafter “2016 Highest 445”) concealed the fact that Defendant A’s business fund cannot be normally undertaken due to the shortage of funds, etc. while preparing for similar petroleum manufacturing business, Defendant B, a similar petroleum manufacturer, Defendant C, a person who invested in money in the similar petroleum manufacturing business of the said Defendants, and the Defendants conspired to borrow money from the victim F to borrow money.

On May 2012, the Defendants paid interest between 7.5 million won per month and 4 months until October 10, 2012 when they lent money to the victim F with the mutual infinite restaurant located in the Seocho-gu Seoul Coast Guard to the victim F that “it is safe to operate the Puart Factory due to a shortage of funds for operation of the Puart Factory, and that they will pay interest and full payment of money with profits.”

The term "" refers to the following.

However, in fact, the business operated by the Defendants was not a normal business, but an illegal similar petroleum manufacturing business, and even though they were unable to manufacture the similar petroleum due to lack of investment funds, it was thought to use it as a way to prevent the return of the investment principal and interest to the existing investors, even if they were to receive money from the victims, even if they were to receive money from the victims.

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