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(영문) 의정부지방법원 2016.02.17 2014고단868
사기
Text

Defendants shall be punished by imprisonment for one year and two months.

Reasons

Punishment of the crime

Defendant

A on October 11, 2013, after being sentenced to two years of suspension of execution in August 19, 2013 due to a crime of invalidation of an indication in the line of duty in the Goyang Branch of the District Court, the said judgment was finalized on October 19, 2013.

Defendant

A served as the representative director of F Co., Ltd. in E, and Defendant B as the adviser of the above company at the time of strike.

As the above company's management deterioration, the defendants will list the company's shares to the victim G within three years, and will punish the amount of KRW 20-3 billion.

In addition, a company's advisory position was offered to borrow money as security for the shares of the company against the victim.

1. Joint crimes committed by the Defendants

A. Defendant B, based on the above conspiracy, is allowed to collect money from the victim in the vicinity of the victim’s residence in Jung-gu Seoul Metropolitan Government H on April 7 to 8, 2012 within one month as the victim was unable to receive money from the customer of the company due to the lack of money from the customer of the company.

A false statement was made that 50,000 won loan 50,000,000 won, which will be entrusted with 50,000 shares of the company.

However, the above company had a debt of 2.4 billion won, and it was actually proper and impossible to grant additional loans, and it did not have any intent or ability to repay the loan even if it borrowed money from the damaged party.

around April 13, 2012, the Defendants received KRW 50 million from the complainant to the Agricultural Cooperative Account in the name of Defendant A (J).

B. Defendant B, based on the above public offering on April 30, 2012, leased only KRW 50 million to the victim’s “10-day and complete payment,” at the research institute of the 101 company K in the Gu-Si building 101 of the Gu-gu Seoul Special Metropolitan City on April 30, 2012, as well as KRW 40,00 shares of the company.

A false statement was made, “A loan was made even before the end of the class.”

However, the above company had a debt of 2.4 billion won, and it was actually proper and impossible to grant additional loans, and it did not have any intent or ability to repay the loan even if it borrowed money from the damaged party.

The defendant belongs to this.

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