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(영문) 서울중앙지방법원 2017.09.01 2017고단1468
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On January 12, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for embezzlement in the support of Suwon Friwon, and the above judgment became final and conclusive on July 12, 2016.

Criminal facts

around March 5, 2013, the defendant was the representative director of C, and around March 5, 2013, the defendant invested in the victim F (58 years old at that time) who was introduced from E in the above company office located in the third floor of D building in Gangnam-gu Seoul Metropolitan Government, Seoul.

It is not any kind of expert, and it is also an expert in this field.

If 300 million won is invested in our company, it will be 10% of the principal and interest 10% after four months from the investment in Suwon-gu G Apartment Building 101.

The phrase “ makes a false statement.”

However, the Defendant was unable to recover the principal from H under the condition that he was released from H on July 2012 due to the lack of knowledge and ability to make such investment in the said non-performing loans. The Defendant did not make an investment in the said non-performing loans from the damaged party, but did not make an investment in the said non-performing loans to the said company’s employee’s monthly pay, operating expenses, repayment of investments to the existing investors, the said company’s participation in the bidding, but did not pay any balance on February 28, 2013, which is the creditor of the said company of the 13rd Specialized Asset-Backed Company.

The defendant deceivings the victim as above, and he received KRW 300,000 from the victim on March 5, 2013 as a check.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution with regard to H;

1. Statement made by the police with regard to F;

1. Details on the use of corporate funds;

1. A water supply contract for supporting the date of claims;

1. Details of transactions;

1. Inquiries about past transaction details;

1. Previous convictions: Inquiry of criminal history, each of them;

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