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(영문) 서울중앙지방법원 2015.06.25 2015고단704
사기등
Text

Defendant

A and B shall be punished by a fine of 6 million won, and the defendant C shall be punished by a fine of 2 million won.

Defendant

A. A.

Reasons

Punishment of the crime

1. Defendants A and B are the representative director of Defendant A and Defendant B are joint representatives of the above company, and Defendant B are emigration agents as joint representatives of the above company.

On December 16, 2013, the Defendants made a false statement to the effect that “When the Defendants would pay the victim G with good offices and various expenses incurred in immigration procedures, the Defendants would receive the victim’s and two U.S. permanent residence rights.”

However, even if the Defendants received money from the victims, they did not intend to use the expense to be entered in the immigration-speed procedure. While the Defendants had already been liable for the loan amounting to KRW 700 million, they were unable to normally operate the business due to the shortage of funds, such as failing to follow the insurance renewal procedure despite the expiration of the guarantee insurance period for the said business on May 13, 2012, so there was no ability to obtain permanent residence rights from the victims and their children.

Nevertheless, around December 16, 2013, the Defendants received KRW 22,480,00 from the victim’s account under the name of Defendant B for the purpose of mediating charges and immigration procedures, and KRW 21,30,000 from the account under the name of Defendant B as well as KRW 15,975,00,000, in total, from the account under the name of Defendant B designated by Defendant B, under the same name as of December 23, 2013.

As such, the Defendants conspired in collusion with the victim G to receive property by deceiving the victim G, at the same time, and engaged in soliciting or arranging emigrants by deception or other unlawful means.

2. A and B, the representative of the defendant C, recruited emigrants by deceit or other fraudulent means in connection with the defendant's business at the same time and place as the preceding paragraph.

Summary of Evidence

1. Defendant B’s partial statement

1. Legal statement of witness G;

1. All the registered matters shall be certified;

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