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(영문) 서울중앙지방법원 2020.10.15 2019고단4800
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[Criminal Power] On January 18, 2018, the Defendant was sentenced to a suspended sentence of two years for a period of one year and two months at the Seoul Central District Court for fraud, etc.

3. 29. The above judgment was finalized.

【Criminal Facts】

On February 2, 2012, the Defendant received a bankruptcy decision at the Seoul Central District Court and received a decision of discharge from the same court around December of the same year, and around December 2013, 2013, the Defendant was urged to repay the debt equivalent to KRW 165 million from the creditor collection company, and even though the creditor collection company was unable to raise funds of KRW 1,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00,00.

1. Around February 2014, the Defendant against the victim H made a false statement to the effect that “A” of the Defendant’s operation of Defendant C, “A shall operate within the country, make an investment, lend business funds, use profits for one year, distribute profits under the pretext of interest, and, if the business is well performed, he/she shall make a sufficiently aground at the end of the year, make a full payment, and even if the business is well known, he/she shall make a full payment at the end of the year.”

However, as above, the defendant did not have any specific property or income, and was in excess of his/her obligation, and the whole amount of the profit was required to be paid to investors because C did not prepare for the commencement of the business, and due to the accumulation of deficit, C was not operated properly, and thus promised to investors or creditors.

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