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(영문) 서울서부지방법원 2016.01.27 2015고단2675
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal history of crime] On June 30, 2010, the Defendant was sentenced to 10 months of imprisonment for fraud and 2 years of suspended execution in the Seo-gu District Court Branch of the Daegu District Court, and the above judgment became final and conclusive on October 14, 2010.

[Criminal facts] B is a representative director of C, a corporation established for the purpose of selling and selling golf tickets by proxy, and the defendant was a managing director of the above corporation.

Defendant

B around August 7, 2009, the victim F, who was introduced through E at C offices located in the second floor of the Gangnam-gu Seoul Metropolitan Government D D D building, can pay high profits to the victim “If us is promoting and making an investment in a so-called cooking project equipped with commercial facilities, such as hotels, containers, and softs, in the so-called platform.”

If KRW 100 million is paid, it will be paid KRW 200 million plus investment return until October 30, 2009.

“The investment was recommended by making an investment.”

However, as the Defendant and B had been promoted at the time, there was no specific project implementation due to the suspension of the issuance of a visa and the revocation of the lease contract on the site of a set site, and the Defendant and B had no money to commence the sales agency business, and there was not only the plan to recruit other investors but also there was no intention or ability to pay the principal plus the investment return within two months even if they were to receive the investment money from the victims.

Nevertheless, Defendant and B had the office of president at the time (State) C.

As above, in collusion with G, a false statement was received from the injured party in the face of KRW 10 million on the same day, five copies of the check in the face of KRW 10 million and three copies of the check in the face of KRW 10 million on August 8, 2009, respectively, and received KRW 85 million in total from September 16, 2009 on three occasions, such as receiving additional KRW 5 million around September 16, 2009.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. He is among the protocol concerning the interrogation of suspects B by the prosecution; and

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