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(영문) 광주지방법원 2013.04.17 2012고단4156
사기
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[criminal power] On January 19, 201, the Defendant was sentenced to a suspended sentence of two years for the violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. at the Gwangju District Court on September 23, 201, and the said judgment became final and conclusive on September 23, 201. On July 6, 2012, the Defendant was sentenced to imprisonment of one year and five months with prison labor at the Gwangju District Court on July 23, 2012.

[2012 Highest 4156] On February 26, 2010, the Defendant made a false statement to the victim E that “If an investment is made in a "F" construction company, the principal will be paid in full after six months, and the principal will be paid in full.”

However, there was no intention or ability to repay the investment even after the victim received the investment money.

The Defendant, as such, deceiving the victim, and deceiving him from him to make investments from him, 25 million won on the same day through G under the pretext of investment, and the same year.

3. 5 million won around the 18th day of the same month, 5 million won around the 21st day of the same month, and the same year; and

7.2. Around the same day, a total of 5 million won was issued.

[2012 Highest 5457]

1. Defendants A’ co-principal is the representative director of H farming association and Defendant B’s audit of the above H.

Defendants A operated by Defendant A was unable to generate little profits due to the absence of particular assets, and received investments from new investors and paid profits to existing investors, and thus, the Defendants failed to repay the principal and interest of investments to investors, and even though they did not have the intent or ability to repay the funds under the agreement even if they received the funds from the victim I as investment funds, they were in mind by organizing a system and raising funds in the form of payment.

Defendant B, according to the above public offering, at the H office located in the Jung-gu Daejeon District Court of Daejeon on Mar. 2008, 2008, entered the victim’s “12 persons shall pay five million won to the 1st unit of the month (hereinafter “the instant guidance”), and the instant guidance.

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