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(영문) 서울동부지방법원 2017.01.19 2016고단3731
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, in succession with C, D, E, F, G, H, I, J, K, L, M, etc., would give the highest interest as if the Defendant were to establish a legal entity, even if he/she borrowed money from others, even if he/she did not have any intent or ability to repay the money.

After borrowing the paid-in shares of the corporation and completing the registration of the incorporation of the corporation, the corporation transferred the paid-in shares of the shares deposited in the passbook to another passbook, and then to withdraw and distribute them to the net bank.

Accordingly, C, D, and E play the role of making a corporate passbook through physical color for a person who has no problem in the establishment of a juristic person, and lending money to the person who will borrow money, H and J introduced the person who will take charge of the representative director, F is entrusted with the directors and auditors of the old company, I and K are entrusted with the directors and auditors of the old company, and G introduces the withdrawal of borrowed money transferred to the account, L is in charge of Internet banking, and L is in charge of withdrawing borrowed money transferred to the account.

Accordingly, following C, D, E, F, etc. by establishing a company "N" in the name of F according to the division of these roles and creating a passbook (O) in the name of N, and following C, D, E, and F, etc. shall be returned immediately after the completion of the registration of incorporation of the corporation, if it is necessary for us to pay for the total number of shares (capital stock) issued at the time of the incorporation of the company to the victim P at the Nonghyup branch located in the Busan Sogsan-dong, Busan around December 12, 2008.

“A false statement was made to the effect that it was “.”

However, even if a corporation is established and borrowed money as a share payment, it is only intended to immediately withdraw the borrowed money and acquire it by fraud, and there is no intention or ability to establish and operate the corporation or to repay the borrowed money.

The Defendant and C, D, E, F, G, H, I, K, L, and M deceiving the victim as above, and they received 300 million won from the injured party as the borrowed money on the same day and acquired it by fraud.

Summary of Evidence

1. The defendant's statement in court;

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