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(영문) 서울중앙지방법원 2018.07.04 2018고단331
사기
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

[2018 Highest 331] The Defendant is the actual operator of Company B, C was the accounting audit and financing of Company B, and the victim D was the head of the above headquarters.

1. On February 2016, the Defendant and C came to know of the introduction of E, a branch office around February 2, 2016, that the funds of KRW 200 million are required to acquire and resume the suspended construction of the G located in Jindo-gun F before the Corporation was interrupted from around 2007, and the Defendant created a balance sheet, balance certificate, and copy of passbook to be used for the solicitation of investment money, and received the payment for the said funds. The Defendant would offer the public works, the cafeteria’s operation right, and the scrap metal service corporation, etc. when he/she acquires G to a construction business operator or investors and resumes the construction by accepting G using the said funds sheet.

At the same time, money was delivered as investment money and acquired through deception.

On June 21, 2016, the Defendant and C made a business investment agreement stating that “A (Defendant) shall deposit KRW 130 million in the designated account by C within three days, and that “A shall pay KRW 100 billion in the designated account by up to two weeks after confirming deposit of KRW 100 billion, and shall pay KRW 370 million in the amount to C within three weeks after confirming deposit of KRW 400 billion in the additional fund,” and accordingly, C shall pay KRW 3 billion in the amount to the Defendant within three weeks after confirming deposit of KRW 350 billion in the same day, and accordingly, C shall provide the balance certificate in the name of C in which KRW 350 billion is deposited by the Defendant.

8.9. A copy of the H bank passbook deposited in the name of the defendant, a certificate of balance and balance equivalent to the same amount, data on financial transactions in the principal equivalent to the same amount, and the same year;

9. A copy of the H bank passbook deposited in KRW 550 billion around December 9, 201, and a copy of the H bank passbook deposited in KRW 550 billion around December 2, 2012, and a copy of the H bank passbook deposited in KRW 550 billion in the name of the Defendant, and the Defendant issued a certificate of balance and balance equivalent to the same amount to the victim at the J coffee shop in front of the 1st century around July 2016.

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