(영문) 서울중앙지방법원 2014.02.06 2012고단1567

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(영문) 서울중앙지방법원 2014.02.06 2012고단1567

사기

Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

[Criminal Power] On November 8, 2001, the Defendant was sentenced to seven years of imprisonment for robbery, injury, etc. at the Seoul Central District Court, and completed the execution of the sentence in the official prison on July 17, 2008.

【Criminal Facts】

When the establishment of a juristic person is completed by making a juristic person deposit 100 million won of the shares paid in lieu of the above juristic person after establishing a floating juristic person, the Defendant did not have the intent or ability to withdraw 100 million won of the shares paid in to the victim and recover 100 million won of the shares paid in to the victim.

Nevertheless, at around 17:00 on October 26, 2009, the Defendant tried to establish a corporation that the victim is a stock company D in the coffee shop located in Jongno-gu Seoul Metropolitan City internal waters. If 100 million won is paid to the stock payment bank, the Defendant completed the establishment of a corporation, and made a false statement that the victim would withdraw 100 million won directly and recover 1.2 million won as a honorarium.

As such, the Defendant deceivings the victim and caused the victim to deposit KRW 100 million of the shares of the said corporation at the intersection of the National Bank of Korea on the 27th of the same month and acquired it by deceiving the victim.

Summary of Evidence

1. The defendant asserts that the defendant's partial statement at the 12th trial date and his defense counsel stated that "the defendant did not intend to acquire the victim's share payment only by taking advantage of the fact that he provided the money to the person E, and that he did not intend to acquire the victim's share payment."

The following circumstances recognized through macro-Evidence, i.e., ① the defendant does not have the phone number of a person called E, etc.; ② even if such person participated, there were insufficient grounds to believe the existence thereof.

Even if the defendant does not know about the defendant's own in any race track, he does not know about it.

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