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(영문) 서울남부지방법원 2014.10.29 2013고단3766
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for not less than 6 months and by imprisonment for not more than 4 months for each of the crimes listed in the judgment of Defendant B.

Reasons

Punishment of the crime

[Defendant A] On August 31, 2012, the Seoul Eastern District Court sentenced Defendant A to the suspension of the execution of imprisonment with prison labor for six months for fraud, which became final and conclusive on September 8, 2012.

Defendant

B On December 3, 2008, the Seoul Eastern District Court sentenced 2 years of suspension of execution to 10 months of imprisonment for fraud, which became final and conclusive on December 11, 2008.

1. 1. "Criminal Facts": Defendant A is the representative director of H Co., Ltd. (hereinafter referred to as "State H") with the fourth floor of Seongdong-gu Seoul apartment-type factory 4. G-type factory 2; Defendant B, as a director of “State H”, was holding a business explanation meeting and Party B was in charge of raising business funds by inviting investors.

On April 15, 2008, the Defendant: (a) held a briefing business explanation meeting at the said Note’s office; (b) concluded a domestic sales agency contract with the victim K (Y, 39 years old) in the House of J located in Gwangju City on April 15, 2008; and (c) concluded a contract with the Defendant for the three-stops manufacturing company of the United States in the Republic of Korea in the Republic of Korea in the Republic of Korea; (d) but (e) concluded a contract for the three-stops manufacturing company in the Republic of Korea in the Republic of Korea in the Republic of Korea; and (e) made product advertisement will be the date the profits are generated. In proportion to investments made in the Company, the principal will be returned after the day and paid monthly profits in proportion to the amount invested in the total profits

However, the (State) H did not enter into a domestic sales agency contract with the three saws Manufacturing Company in the United States, and (State) but did not enter into a contract for telecom and IPTV advertising, and there was no fact that the three saws had been imported, and there was no intention or ability to return the investment principal and the profits.

Accordingly, the Defendant, in collusion with B, by deceiving the victim as above, received six copies of the cashier’s checks in an amount equivalent to KRW 60 million in total for investment in the same place.

2. "2014 Highest 586": Defendant B.

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