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(영문) 인천지방법원 2020.01.09 2019고단6765
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant committed fraud, such as office rent, etc., with the intent of raising funds by means of lending money, etc. after the incorporation of the victim B, or raising money from the victim under the pretext of establishing and operating the corporation and raising profits as if the corporation would bring profits to the corporation, and of requiring office operation expenses, etc.

Accordingly, the Defendant, at around October 19, 2018, transferred KRW 12.5 million from the victim’s bank account (E AssociationF) in the name of the Defendant on the same day from the victim, to the bank account (E AssociationF) in the name of the Defendant on the same day on the same day. The Defendant, “In order to establish a corporation, the Defendant should first lease the office in Incheon, and it is necessary to deposit KRW 2.5 million. In addition, if the Defendant borrowed KRW 10 million to B, 1.4 million would be paid monthly income.”

Accordingly, the defendant was delivered KRW 12.5 million by deceiving the victim.

2. The criminal defendant involved in the costs of a certified judicial scrivener was committed as if he did not have an intention or ability to raise funds by lending funds to the victim B by establishing a corporation, and he did not receive money from the victim under the pretext that the cost of a certified judicial scrivener related to the registration of incorporation is needed.

On October 26, 2018, the Defendant deposited 4 million won at the victim’s office located on the eighth floor of Pyeongtaek-si G building to the victim’s “H law firm I certified judicial scrivener at the expense of incorporation. It sent 4 million won to that account.” The Defendant received 4 million won from the victim’s bank account (EF) around the 27th day of the same month.

Accordingly, the defendant was delivered 4 million won by deceiving the victim.

3. The Defendant did not have an intention or ability to raise funds by means of loans, etc. after incorporation into the victim B.

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