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(영문) 창원지방법원 마산지원 2017.08.23 2017고단674
무고등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

The Defendant, a person working as a solicitor of Alger’s Life Insurance, may be punished for a larger amount of money if he/she invests in the incorporation fund of a corporation with C (Suspension of Prosecution on the same day).

The victims conspired to acquire investment money by deceiving victims.

1. Fraud;

A. On June 16, 2015, the Defendant, along with C, will receive loans from the victim D in the name of the legal entity after the incorporation of the legal entity, and return the investment amount and profits to the victim D, where the funds to be established are invested in the establishment of the legal entity.

If an investment of KRW 60 million is made, a maximum of KRW 300,000,00,000 including principal within six months may be made available for profit.

“A false statement” was made.

However, in fact, the Defendant and C did not have any plan on the investment in any corporation, the accurate firm name or existence, and the scale of business. Therefore, even if they received money from the injured party, they did not have the intent or ability to repay the said money as agreed.

As above, the Defendant and C were accused of the victim and transferred KRW 60 million to the SC bank account (G) in the name of the Defendant from the injured party on the same day.

B. On July 16, 2015, the Defendant, along with C, received a loan and return profits in the name of the corporation after the incorporation of the corporation at the time of the establishment of the corporation, where it is difficult to know the place of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the foundation.

The principal is guaranteed clearly, the investment period is six months, and profits are high compared to the investment period.

“A false statement” was made.

However, the defendant and C did not have any intention or ability to repay money to the victim for the same reasons as the above paragraph (a).

The Defendant and C, as above, deceiving the victim as above, received a copy of the Agricultural Cooperative Account (I) in the name of the victim and a seal from the victim, which was 21 million won from the victim.

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