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(영문) 서울서부지방법원 2019.01.24 2018고단2441
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal power] On August 25, 2016, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Seoul Eastern District Court, and the judgment became final and conclusive on September 2, 2016, and was substantially operated as the largest shareholder of the E (E) established for the purpose of operating the Internet broadcasting station.

【Criminal Facts】

1. Around February 2016, the Defendant, in violation of the Commercial Act, decided to borrow funds from others and make the best payment for the stock price, as the amount of capital falls short of the capital when establishing Gangnam-gu Seoul F building and H.

On March 24, 2016, the Defendant received capital of KRW 500 million from H, and deposited KRW 500 million in the I Bank account (J) under the name of the Defendant, and received a certificate of custody of shares payment, and subsequently, concluded the registration of incorporation of the above I Bank on March 24, 2016 and concluded the payment of shares by withdrawing KRW 500 million from the I Bank’s station as a check and paying it to H.

2. Fraud;

A. On February 2016, the Defendant made a false statement to the effect that “The Defendant was planning to establish and operate the company “E” with the victim’s office in the Jung-gu Seoul, Seoul, and the victim’s office in the first floor, and that “The purchase of the above company’s shares can be seen as a large profit.”

However, the above company, unlike the defendant's investment proposal, did not establish a corporation through the best payment of capital, and there was no specific business plan other than the detailed prospect, and in fact there was no contract with the subcontractor, and the possibility of growth was also unclear. Therefore, even if it received money from others as investment money, it did not have the intent or ability to normally operate the above company.

Nevertheless, on April 18, 2016, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim through L (M) account in the name of the Defendant on April 18, 2016.

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