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(영문) 서울중앙지방법원 2015.02.11 2014고정5844
사기
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On July 25, 2014, the Defendant was sentenced to eight months of imprisonment, two months of imprisonment, and two years of suspended execution at the Seoul Central District Court on July 25, 2014, and the above judgment became final and conclusive on August 2, 2014.

【Criminal Facts】

The Defendant was the representative director of a corporation I (hereinafter referred to as “I”) that operates and opens a coffee store and delivers coffee materials.

On November 8, 2012, at the first office operated by the Defendant in Dongjak-gu Seoul Metropolitan Government on November 8, 2012, the Defendant made a false statement to the victim S that “The Defendant would allow the victim S to directly operate and operate the intra-company car page (1st floor non-24.8 square meters) within the Yeongdeungpo-gu TIBK Securities. Not only in-house employees but also in-house employees, thereby allowing the whole occupants and outside customers of the building to engage in their business, thereby making profits of at least five million won.”

However, in fact, in relation to the right to operate the above in-house page, the Defendant entered into an entrusted operation contract with the IBK Investment Securities and I, and the Defendant was not able to transfer its operating right to the victim, and the total amount of I’s liabilities after 2010 exceeded KRW 1.4 billion, while on the other hand, the net profit per month increased due to the occurrence of the embezzlement of the company’s funds in the situation where the employees did not obtain sufficient profits such as KRW 7 million to KRW 33,000,00,000. In such a situation, the financial situation has aggravated due to the occurrence of the embezzlement of the company’s funds. In such a situation, there was a lot of funds needed to pay the agreed profits to the existing investors and return the investment money received from the new investors to the existing investors or the creditors for the return of the investment deposit or the repayment of the debt. Therefore, even if the Defendant received the goodwill and the deposit

Nevertheless, the defendant deceivings the victim as above and is named as premium and deposit money from the victim.

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