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(영문) 서울서부지방법원 2017.05.31 2016고단3795
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal record] On January 12, 2017, the Defendant was sentenced to a suspended sentence of ten months of imprisonment for fraud, etc. at the Seoul Western District Court, which became final and conclusive on January 20, 2017.

[2] The Defendant, as a person operating the corporation C, proposed a business partnership with the victim D, who was aware of the above company’s funds through a missionary education program, etc., who received a demand from the debtor, and received money for the purpose of investment and received money for the purpose of personal debt repayment and gambling.

Accordingly, the Defendant had access to the victim as if the Defendant was a successful business holding all deposits worth KRW 600 million and high-class revenue vehicle, and had access to the victim on February 2, 2014, at the Defendant’s office located on the 22th floor of the building in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, Seoul, the Defendant made a false statement to the effect that the Defendant would return the investment amount within one year if he made an investment by dividing this amount by 51%.

However, on August 31, 2010, the Defendant was unable to take economic circumstances after F, a corporation, which was operated by the Defendant, discontinued its business due to tax in arrears of approximately KRW 100 million. From February 2013 to July 2013, the Defendant received a total of KRW 260 million from the use of G to the non-party G, and urged payment. The written indictment, such as receiving payment demand after receiving payment demand, states that “A person who was urged to make a change from September 2013 to December 2013, 2013, shall prepare a false promissory note in the name of F, which was abolished as above and exercising the payment due date by exercising it.” However, the Defendant was acquitted of the aforementioned portion of the Defendant in Seoul Western District Court on February 1, 2017, together with the charge of preparation of false oil and the charge of conducting such securities (a crime recorded in the first criminal record of the head of the offense), but was pronounced not guilty on February 1, 2017.

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