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(영문) 서울중앙지방법원 2012.12.13 2012고단1568 (1)
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 30, 2009, Defendant A was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Western District Court, which became final and conclusive on September 24, 2009.

Criminal facts

B is the representative director of D (main) with the headquarters in the fifth floor of Seocho-gu Seoul Metropolitan Government, and the defendant A is the head of the above F with the 10th floor of the building in Gwanak-gu, Seoul Special Metropolitan City.

At the same time, the Defendant and B (hereinafter referred to as the “Defendants”) are the representative director of the above D, and the Defendant, as the representative director of the said D, has overall control over the management of the Company, and Defendant A consulted in advance with B and investors to receive the Center's license, and solicited investors to explain the business and invite investors by using "D compensation franchise".

Defendant

A on October 16, 2008, at the above F Office, “D” means a company dealing with the scrapping of a vehicle for the victim G by exporting the vehicle for military use to a foreign country and conducting a funeral for scrapped goods. It has been doing this business for three years, and the scrapping of a military vehicle has been doing so for more than three years, and it means that “D will benefit 180% if it is invested in the scrap-scrapping business, as the value of scrap scrap metal has come to a large amount of profit, and the amount of money has come to a large amount of profit.”

However, in fact, there is no intention or ability to pay profits even if it receives money from the victim for the purpose of investment, because there is no profit from the scraping business and there is no other income from the investment from the investors and there is no choice but to pay the investment from the investors later, and there is no need to pay the profits from the investors later.

The Defendants received KRW 20,00,000,000 from the above victims on October 16, 2008, and KRW 4,500,000 on October 17, 2008, respectively, from each of the above victims to the bank account in D (state). On October 17, 2008, the Defendants received KRW 20,000,000 in total from the bank account in Korea’s military branch.

On November 7, 2008, the Defendants made a false statement in the same manner and received 2 million won from the victim H.

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