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(영문) 대전지방법원 천안지원 2017.11.14 2016고합232
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for three years and six months, and Defendant C shall be punished by imprisonment for two years, respectively.

However, the defendant C is subject to objection.

Reasons

Punishment of the crime

The facts charged were cultivated in the order of time.

Defendant

A and Defendant C are persons operating M Co., Ltd. (hereinafter referred to as “M”) established for the purpose of selling and buying auxiliary machines; Defendant A is in charge of business and fund borrowing for the purchase of secondary machinery; Defendant C is in charge of managing funds and selling secondary machinery. Defendant C is a person in charge of managing and selling secondary machinery.

1. The sole criminal conduct of Defendant A;

A. The Defendant committed a crime against the victim J, with no obvious business performance of M, aggravated the financial conditions, such as the shortage of the company operation funds, etc., the Defendant would use M’s heavy machinery and equipment as the purchase fund for machinery and equipment.

“The” intended to acquire the investment money under the name of the victim, and planned to acquire the investment money from the victim J, which is an employee employed in M around August 2014.

On October 20, 2014, the Defendant displayed the list of idle facilities of L Co., Ltd. (hereinafter “L”) to the victim in the M office located in the fifth floor of the building in Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, and obtained profits from several times if sold. As such, the Defendant would guarantee the profit of 10% per month and repay the principal within three months.

“A false representation was made.”

However, in fact, the Defendant was a plan to use the money received from the victimized party for the payment of the company operating fund or the existing debt, but did not plan to use the money for the purchase of machinery and equipment, and due to the aggravation of the financial situation of M, there was no intention or ability to return the money normally to the injured party under the terms

Nevertheless, on October 24, 2014, the Defendant had received KRW 175,00,000 from the victim by deceiving the victim as above and then transferred to the Agricultural Cooperative Account in M’s name as the capital investment around October 24, 201.

In addition, the Defendant from October 24, 2014 to October 2014.

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