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(영문) 창원지방법원 2018.01.26 2017고단4066
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who operates a power plant, equipment construction business chain (ju)C in Mapo-si, D is a person who resides in red bean, and E is a person who engages in food company F-related distribution business in red bean.

D. E, around 2016, against the domestic small and medium enterprise operators in Korea, “Large System A” is the capital of the above F Company, and G has 20 billion US dollars (20 trillion US dollars) at the HSBC bank.

If an enterprise that needs money makes an investment of USD 100,00 ($ 100,000) in F, it will provide funds of USD 6.6 million ($ 7.5 billion) with G’s funds.

In addition to the explanation of “a false G deposit balance certificate, D’s certificate that he was entrusted with the management of funds from G, and investment contract corresponding to the above contents, etc., with the intent to obtain money from business operators as a guarantee insurance premium.

However, there was no person who is G with USD 20 billion in the HSBC bank in fact, and all the investment contracts, deposit balance certificates, etc. prepared as above were forged.

Defendant was aware of his knowledge around September 2016.

D, as mentioned above, it was proposed from E that the investment company will be responsible for soliciting companies to invest guarantee insurance premiums in the Republic of Korea, and the Defendant will be given additional incentives in accordance with the amount of the paid-in allowance of KRW 300 to KRW 400 per month and the amount of the defendant's custody.

Although Defendant was well aware of the fact that even if the above investment explanation is disrealistic because of the fact that the above investment explanation, such as an extraordinary and non-realistic nature, the source of funds, etc., it could not provide a large amount of funds to small and medium enterprise operators, as seen above, in mind that they would receive allowances and incentives, thereby soliciting investors by explaining the above contents of the investment.

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