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(영문) 서울중앙지방법원 2013.08.14 2012고단6930
사기
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant

B was sentenced to two years of imprisonment for fraud, etc. at the Seoul Northern District Court on October 23, 2008, and the judgment became final and conclusive on the 31st of the same month, and on May 7, 2010, Defendant A was sentenced to two years of suspended execution on the 15th of the same month, which was sentenced to two years of suspended execution at the Seoul Central District Court on May 7, 2010.

Defendant

B A general supervision over the project as the representative director of F Co., Ltd. (F; hereinafter referred to as “F”) who conducts food waste sales business on the nine floors of Gangnam-gu Seoul E building, and Defendant A was in charge of the business as the director general of F.

1. In collusion with the Defendants at F’s office around August 10, 2006, the facts are not the completion of the food waste disposal equipment of “G”, which was promoting sale in F, and even though the profitability of the business of selling food waste disposal equipment of “G” was uncertain, the victims H made a false statement to the effect that “it is soon expected to export and sell food waste disposal equipment to each region and foreign country after completing the development of the food waste disposal equipment in our company. It is possible to acquire profits equivalent to 40% of the principal amount. When investing in the business, the Defendants made an investment so that they can acquire profits equivalent to 40% of the principal amount.” The Defendants acquired 33 million won from the victims each sum of KRW 3.3 million from the same day, and 36.3 million from the same month to the 25th day of the same month.

2. At around March 30, 2007, the Defendants conspired to sell food waste treatment equipment in Seocho-gu Seoul Metropolitan Government, and the facts are the failure of the business of selling food waste treatment equipment, and there is uncertainty as to whether the defect of food waste treatment equipment was improved, one of the causes of the failure. Despite the fact that the profitability of the sales business in the future is inappropriate and even if the victim borrowed KRW 50 million from the victim, the Defendants did not have the intent or ability to repay it within a short period. However, the Defendant A did not have the intent or ability to compensate the victim H within a short period.

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