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(영문) 춘천지방법원 2014.10.23 2014고단531
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Basic Facts] From October 24, 2008 to August 19, 2009, the Defendant served as the representative director of D Co., Ltd. with the fifth floor in South Yangyang-si, and E worked as the auditor of the company from October 24, 2008 to June 24, 2009.

【Criminal Facts】

1. The Defendant, at the same time, sent to E a Pamper for the Mongolian Mining Business, “C Co., Ltd. has been engaged in the Mongolian Mining Business, thereby attracting investors.”

E, on February 2, 2009, in the office of a corporation located in the Dongjak-gu Seoul Metropolitan Government F, the first police officer recommended the victim to make an investment by stating that “The victim G (n, 61 years of age) and the victim's friendship H are very beneficial for the extraction business between Mongolian mine in Co., Ltd. D. and the victim's friendship. It may obtain a large profit by investing money.”

On February 7, 2009, the Defendant, along with E, explained the victim G and H about the mutual unclaimed restaurant located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, for the mine extraction business, and stated that “When investing in the Mongolian mine extraction business, it is unnecessary to reduce the amount by 3% of the money from the business in the future, it is unnecessary to make it difficult for the victim to do so. When investing KRW 30 million in the future, 30 million will reduce D’s shares. If a copy of the register is removed from the tax office, E would be known as a shareholder in a fixed manner, and E would not make a false statement to the victim. There is no need to make an investment.” If it is erroneous, E would be responsible and repaid.”

However, in fact, D did not have a plan to conduct the Mongolian mine extraction business, and even if it did not receive money from the victim under the pretext of the victim's investment, D did not have an intention or ability to pay the principal and the profit.

The defendant is in the name of D Co., Ltd. of KRW 10 million on February 9, 2009 and KRW 17 million on February 13, 200 on the same month.

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