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(영문) 서울중앙지방법원 2017.06.29 2015고단2144
사기
Text

1. Defendant A shall be punished by imprisonment for two years;

However, the above punishment shall be imposed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On June 4, 2015, Defendant A was sentenced to a suspended sentence of two years for criminal fraud at the Seoul Central District Court on October 10, 2015 and the judgment became final and conclusive on July 15, 2015.

Defendant A, along with G (the former trial held on August 7, 2013), conspired to attract foreign capital and to receive money from H Co., Ltd. operator F, Ltd.’s victim F, and around 11:00 on June 15, 2009, at the 14th floor of the J’s New Hotel located in Jung-gu Seoul, Jung-gu, Jung-gu, Seoul, the Defendant concluded that “The victim shall attract KRW 53 billion to H Co., Ltd., through H Co., Ltd., and by June 18, 2009, the Defendant shall pay KRW 30 million to the victim” from the 14th floor of the J’s New Hotel located in Jung-gu, Jung-gu, Seoul, to receive a payment guarantee from the bank of Korea that manages the investment deposit by June 18, 2009.

However, the Defendant did not have any connection with K, and was false that K made an investment in H, and the Defendant as well as the above G did not have any ability to receive investment attraction from K in the future.

The Defendant and G, as such, deceiving the victim as such, received 30 million won from the victim’s new bank account (L) in the name of G around 13:20 on the same day.

On February 1, 2010, the Defendant “2015 Highest 2999” (Defendant A) at the coffee shop located in Songpa-gu Seoul, Songpa-gu, Seoul around February 1, 2010, there is a need for the cost of attracting foreign capital to the victim N in order to attract foreign capital to the extent of KRW 500 billion in red bed.

When attracting foreign capital, the principal and non-principal profits will be added.

“A false representation was made.”

However, in fact, there was no ability to bring about foreign capital of KRW 500 billion in red bean, nor there was no intent or ability to reduce the principal or interest to the victim.

Nevertheless, Defendant 1, as seen above, was delivered KRW 15 million to the P hotel located in SeoulO on February 11, 2010 from the injured party, and from that time until July 27, 2010.

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