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(영문) 서울남부지방법원 2016.01.13 2015고단3023
사기등
Text

Defendant

A Imprisonment with prison labor for two years and for eight months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[2015 Highest 3023] Defendant was sentenced to three years of imprisonment for a crime of fraud on November 20, 2013, and the said judgment became final and conclusive on July 23, 2014.

On October 11, 2013, the Defendant, along with F, was in the office E company located in Sung-gu, Sungnam-si, Gyeonggi-si, Gyeonggi-do, in order to make it possible for the Victim G (F, 61 years of age) to obtain strict profits through a company established by concluding a joint venture agreement with China, while pretending that “Korea and China make an investment into six large four persons, and the electronic commerce of China will be conducted exclusively through China H on October 25, 201.

H said that if an investment is made in E and the above logistics company, the domestic logistics distribution company of H, an investment of 0.5% of the investment amount shall be paid as interest every 10 days, not only shall the principal be repaid after 90 days, but also the goods shall be supplied with 1% of the shares of the logistics company.

However, in fact, Co., Ltd. was a juristic person purchased from a distributor of a temporary term-based corporation that established and sold a juristic person, and did not conclude a contract with a Chinese company to guarantee certain profits, and had already been attracting money from many people with the intent to guarantee principal when investing in gambling sites, game programs, etc., so even if receiving money from the injured party under the pretext of investment, there was no ability or intent to pay the agreed profits to the injured party and return the principal.

As above, the Defendant: (a) by deceiving the victim; (b) transferred KRW 3 million to the account (I) of our bank account of the E-B Co., Ltd. on October 11, 2013; and (c) KRW 50 million to the above account on October 16, 201; and (b) received KRW 34 million as a check on the 18th of the same month.

Accordingly, the defendant, in collusion with F, acquired a total of KRW 87 million from the injured party.

[2015 Highest 4763] Defendant A was sentenced to three years of imprisonment for fraud in the Gangnam Branch of the Chuncheon District Court on November 20, 2013, and was sentenced to three years of imprisonment for fraud.

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