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(영문) 서울동부지방법원 2015.01.15 2012고단2432
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On July 8, 201, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Seoul Eastern District Court on July 16, 201, and the judgment became final and conclusive on July 16, 201. On September 19, 2012, the same court was sentenced to one year and six months of imprisonment for fraud and two years of suspended execution, and the said judgment became final and conclusive on October 30, 2012.

【Criminal Facts】

The Defendant is the representative director of F Co., Ltd. (hereinafter “instant company”) for the purpose of manufacturing, selling, etc. PE street lamps.

1. Fraud against the victim G;

A. On March 2010, the Defendant: (a) at the instant company office located in Ansan-si, Sinsan-si, the Defendant: (b) “F would be equipped with manufacturing equipment in the future; (c) would have been granted a patent for the street street, etc.; and (d) would continue to supply the street, etc. to the two industries factories; and (c) will continue to be supplied in the future; and (d) the government of the Kazak-si, the supply contract is well underway; (c) there is little possibility of future development; (d) it would be excluded from the scope of F’s registration director I would not assist the company; and (e) it would have been transferred the shares it had.

However, at the time, the defendant did not hold a patent for PED street, did not have intended to supply street lamps to the two industries factories, and supply contracts with the Kazakhistan Government were not carried out in a concrete and positive manner, and there was no detailed business plan and financing plan that can pay operating profit between the Kazakhistan Government, and the I's shares were actually owned by the defendant.

Nevertheless, on March 31, 2010, the Defendant, by deceiving the victim as above, received 30 million won from the victim to the Defendant’s corporate bank account under the name of the acquisition price of shares, and acquired it by deceit.

B. On May 10, 2010, the Defendant, at the instant company office, held that “the company’s pension premiums and medical insurance premiums were delinquent and that the company was in arrears.”

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