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(영문) 서울중앙지방법원 2011.11.29 2011고단2082
사기
Text

Defendant

A Imprisonment with prison labor of one year and three months, and each of the defendants B shall be punished by imprisonment of eight months, and each of the defendants C shall be punished by imprisonment of ten months.

except that this shall not apply.

Reasons

Punishment of the crime

[Criminal Justice] On January 21, 2010, Defendant A was sentenced to one year and six months for the crime of occupational breach of trust at the Busan District Court, and the above judgment became final and conclusive on April 29, 2010. On July 20, 2010, Defendant A was sentenced to six months of imprisonment with prison labor at the Busan District Court for fraud, and the above judgment became final and conclusive on October 7, 2010.

Defendant

B On April 23, 2010, the Seoul Central District Court sentenced one year and six months to a suspended sentence of two years for fraud, etc. on January 27, 201, which became final and conclusive on January 27, 201. On May 26, 2011, the Seoul Central District Court sentenced two years of suspended execution to eight months of imprisonment for fraud, etc., and became final and conclusive on November 24, 201.

Defendant

C On April 23, 2010, the Seoul Central District Court sentenced two years to a suspended sentence of imprisonment for fraud, etc. at the Seoul Central District Court on April 29, 201, which became final and conclusive on April 29, 2010. On May 26, 2011, the Seoul Central District Court sentenced ten months to imprisonment for fraud, which became final and conclusive on November 24, 201.

【Criminal Facts】

Defendant

A is the representative director of Korea-based G (State) (hereinafter referred to as “G”), and Defendant B works as the auditor of H (State) (hereinafter referred to as “H”) and as the representative director of H (State) I (hereinafter referred to as “I”), and Defendant C is a person in charge of attracting investment while serving as H director.

Defendant

C On February 2, 2008, the facts charged that “H invested KRW 1,72,00,000 in 200,000,000,000 out of KRW 2,800,000,000,000,000 among the 2,000,000,000,000 to A” include the part that “A shall provide profits of 250%, including the principal, within six months, at the time of solicitation to make an investment to the victim J during February 2, 2008.” However, in light of the victim’s complaint (a page 31 of the investigation record) and court statement, and the victim’s deception to Defendant A’s victim, this case and separate case, the victim made July 14, 2007.

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