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(영문) 서울남부지방법원 2018.06.11 2017고단1150
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal record] On April 20, 2016, the Defendant was sentenced to a suspended sentence of one year of imprisonment for a crime of fraud in the Daegu District Court Kimcheon support, and the judgment became final and conclusive on November 17, 2016.

[Criminal facts]

1. On June 2, 2015, the Defendant, at the victim D’s office located in Seocho-gu Seoul Metropolitan Government around June 2, 2015, invested KRW 30 million in the initial fund for the promotion of Korean official business, such as the inducement of business in Korea and in China, and the KOD (SCL) in the U.S. S. S. S. S. company (GOD YEAR), a company manufacturing sports clothes, and the inducement of business in China, and the KOD (SCL) company in China. Accordingly, the Defendant would pay the profits by transferring the said investment agreement to the pertinent corporation after the incorporation of the “EABA” corporation, which will be established.

“At the end of the end of this year, I have drawn up each other an investment agreement with such content.”

However, the Defendant had a joint and several liability amounting to KRW 150,000,00 in a separate company as the bad credit standing status from around 2012 to 2013. The Defendant had a joint and several liability amounting to KRW 1,50,00,00. On the other hand, the Defendant was thought to use the funds related to the farming association and the Defendant’s insurance designer’s insurance designer’s insurance premium payment, personal debt payment, attorney’s fee, etc., which the Defendant had already operated, and thus, the Defendant did not have any intent or ability to pay the victim profits, such as profit dividends, by using such investment business.

After all, the Defendant, as such, was accused of the victim and received cash KRW 30 million from the victim’s occupation.

2. On August 25, 2015, the Defendant established 400 commodity code for food supply in the victim D’s office located in Seocho-gu Seoul Metropolitan Government around August 25, 2015 and made an investment to the victim, the Defendant limited to the Korean company that wishes to supply it to China.

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