(영문) 서울중앙지방법원 2019.02.01 2018고단7737

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(영문) 서울중앙지방법원 2019.02.01 2018고단7737

사기

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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On May 1, 2015, the Defendant was sentenced to one year and two months of imprisonment for fraud at the Seoul Central District Court, and completed the execution of the sentence at the Seoul Detention Center on July 31, 2015.

【Criminal Facts】

1. Around February 2016, the Defendant: (a) introduced, around February 2016, the Seocho-gu Seoul Metropolitan Government B building; (b) introduced D to the victim C; and (c) made a false statement stating, “The Defendant would give 50% of the amount that he/she gains by purchasing shares in combination with the existing funds of us (Defendant and D) on the face of the share capital and selling it until April 8, 2016.”

However, in fact, the Defendant had the intent to receive money from the victim to use it as a personal business fund, not a stock investment.

Around February 18, 2016, the Defendant, by deceiving the victim as above, received 150 million won from the victim as a means of equity investment, and acquired by deceiving the victim.

2. On March 25, 2016, around March 25, 2016, the Defendant contacted the victim with the Mesenger from the Mesenger’s Mesenger’s place of business on March 25, 2016, and concluded a false statement that “F, the E representative, needs to provide the Mesentotototos in the Philippines with the right to operate the Mesenger’s place of business on the part of the Republic of Korea.”

However, in fact, the defendant had the intention to use it as personal business fund, not for the establishment cost with money from the victim.

As above, the Defendant, by deceiving the victim as above, acquired 4 million won from the victim as the expenses for the establishment of the corporation around March 28, 2016.

3. Around March 30, 2016, the Defendant: (a) contacted the victim with the Messen from the Messen from March 30, 2016 to the Messen from March 30, 2016; and (b) made a false statement to the effect that “F will additionally establish the marketing company Messento the Messen, but will give the company’s equity interest. F would allocate KRW 300 million to the G of the COS listing company’s capital increase with 5 billion capital increase; and (c) thus, the Defendant would request

However, the defendant is true.

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