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(영문) 서울중앙지방법원 2014.12.10 2014고단3628
사기
Text

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

Reasons

Punishment of the crime

On February 12, 2009, the Defendant was sentenced to imprisonment for fraud at the Seoul Central District Court for one year and six months, and on November 27 of the same year, the Defendant was sentenced to imprisonment for the same crime at the same court on November 27 of the same year and completed the execution of the sentence on July 28, 201.

[2014 Highest 3628]

1. The Defendant, against the victim F and G, was the representative director of H Group, and I was the president of the said company. A.

The Defendant and I received a high-priced extra-car car from the victim F and G who want to promote siren projects by importing the “Scak” under the name of the high-priced extra-car car, as if they could have made a large investment, and they received money in the name of the corporation’s establishment cost to use it as the company’s operation fund.

Around February 16, 2012, the Defendant and I stated that, at the office of H Group in Gangnam-gu Seoul Metropolitan Government H Group, victim F, and G, “We will establish a legal entity until February 20, 2012 by dividing 51% and 49% of profits derived from the tetrac projects in which us will invest approximately 2.3 billion won as business funds. To do so, 30 million won is required for the incorporation of a legal entity, and if she invests 50 million won in capital, 250 million won will be treated by us and establish a legal entity until February 20, 2012.”

However, the defendant and I did not pay the office rent of the company and did not pay some expenses, and even if they received money as the corporate fund, they thought to use it as the corporate operating fund, so there was no intention or ability to establish a new corporation for the victims' siren projects or to make an additional investment of approximately 2.3 billion won thereafter.

On February 20, 2012, the Defendant and I received KRW 30 million from the victims to the national bank account in the name of the Defendant on February 20, 2012, and received KRW 15 million in total from the same account on the 22th of the same month.

In this way, the defendant conspireds with I.

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