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(영문) 인천지방법원 부천지원 2016.01.18 2015고단3395
사기등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On November 2, 2010, the Defendant was sentenced to one year of imprisonment for a violation of the Labor Standards Act at the Seoul Central District Court, and the execution of the sentence was completed on November 1, 201 at the Ansan Prison.

[Criminal facts]

1. On October 1, 2014, the fraud Defendant made a false statement to the victim C at the Defendant’s office located in Gangnam-gu Seoul Metropolitan Government, stating that “I would make an investment in the domestic private equity fund, and if I make an investment to B, I would make a payment of dividends in KRW 1.6 million per month at the time of payment of KRW 3 million per old account.”

However, even if the defendant received the payment from the injured party, he did not have the intent or ability to pay the dividend to the injured party.

As such, the Defendant, by deceiving the victim, was transferred to the SC bank account in the name of the Defendant, KRW 33 million, including KRW 3 million from the victim, KRW 20 million on October 1, 2014, KRW 20 million on October 20, 2014, and KRW 10 million on October 28, 2014.

2. On October 1, 2014, the Defendant: (a) demanded the foregoing C to change its certificate of investment money at the foregoing office; (b) was willing to voluntarily create an investment certificate in the name of Pakk Holdings Co., Ltd., Ltd. that had worked prior to the foregoing office; and (c) “one million won in daily name,” and “C” and “D” in the name of Pc. resident number column; and (c) thereafter, the said certificate was issued as “the said person has invested the said amount in the private equity fund of the 18th private equity fund.”

On October 1, 2014, the document named as “Yings” and “B” were printed out, and then a copy of the investment certificate in the name of the said company, either of which was held in the name of the said company, was forged, without authority, for the purpose of exercising the right by sealing the name on the next side, to the head of the said company.

In addition, the defendant, who was aware of the circumstances in the above office in October 2014, was forged as above.

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