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(영문) 수원지방법원 안산지원 2017.02.07 2016고단1930
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On November 25, 2016, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Incheon District Court, and the judgment became final and conclusive on December 3, 2016.

[2016 Highest 1930] Defendant was the representative director of C Co., Ltd.

1. On November 24, 2009, the Defendant would give the victim D a patent for recycling wastes, and would pay 50 million won to the victim D a total of 50 million won from five investors, including B, if he/she has been invested in the investment of 50 million won from five investors, as he/she is believed to have been invested in the investment of 50 million won.

“Finally false.”

However, in fact, Defendant 10 million won was invested, and the remaining four persons did not have invested, so there was no intention or ability to pay profits even if they received investments from the injured party.

The defendant was transferred from the damaged person to a corporate bank account (E) in the name of C, a corporation that is managed by the defendant, with the amount of KRW 50 million under the pretext of investment.

Accordingly, the defendant was given property by deceiving the victim.

2. On May 8, 2013, the Defendant: (a) the victim D at an infinite location (hereinafter referred to as the “Infinite-si”) located in Ansan-si; (b) the victim D is required to install a new place of business with approximately KRW 100 million.

It is intended to operate a main factory to invest in money to purchase machinery.

“Finally false.”

However, in fact, there was no intention or ability to pay the proceeds promised even if the said machinery was not intended to purchase the said machinery and was additionally invested by the recipient.

The Defendant, on May 8, 2013, KRW 50 million around around May 8, 2013, and KRW 2013,00,000, under the pretext of investment from the damaged persons.

5. Around September 1, 2000 won (the amount of KRW 700,00 among them shall be deducted as interest costs of the loan received by the victim) was remitted to the national bank account (F) in the name of each defendant.

Accordingly, the defendant was given property by deceiving the victim.

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