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(영문) 서울중앙지방법원 2017.05.18 2016고단1626 (1)
사기
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

2. Defendant B shall be punished by imprisonment for eight months.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A is a person who was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on April 23, 2010 and completed the term on September 24, 2012, and was sentenced to two years of suspension of execution at the Seoul Central District Court on August 6, 2015, and was sentenced to two years of suspension of execution at the Seoul Central District Court on August 14, 2015, and became final and conclusive on September 18, 2015. Defendant C is a person who was sentenced to three years of suspension of execution at the Seoul Central District Court on September 18, 2015 due to a violation of the Act on the Punishment, etc. of Acts of Arranging sexual traffic (remediation, etc.) at the Seoul Central District Court on June 9, 2016.

On December 17, 2012, at the above F Office located in the fiveth floor of the Gangnam-gu Seoul Metropolitan Government G Building, the Defendants conspiredd with the Defendants, “Defendant A, a subsidiary of Defendant A, constructed Ba in F, a subsidiary company, with I from F, the Chairperson, and decided to attract 15 billion won in the Red Congo through the issuance of CDs within six months.

If 190 million won is invested, 300 million won, including the principal and interest, shall be paid within six months, and the dividends of 10 million won per month shall be paid.

In addition, it was false that Defendant C will offer J Beauty as security.

However, the above FI, at the time, did not have any particular property, sales, or revenue, and did not obtain business permission from Kimcheon-si, and did not have any intent or ability to return 30 million won monthly dividends to the victim within six months, or to provide beauty rooms as security for the purpose of security, as well as the money invested by the injured party was used separately by the Defendants, unlike the original purpose of the investment contract.

Therefore, it was transferred 190 million won to the new bank account of K on December 18, 2012 from the injured party.

Summary of Evidence

1. Defendants among the first trial records.

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