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(영문) 서울동부지방법원 2015.06.25 2014고단2763
사기등
Text

Defendant

A Imprisonment with prison labor for one year, and for five months, each of the defendants B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

On January 22, 2015, Defendant B was sentenced to imprisonment with prison labor for 8 months in Seoul Eastern District Court and two years in suspension of execution on January 30, 2015. The judgment became final and conclusive on January 30, 2015.

【Criminal Facts】

Defendant

A was the representative director E in the fourth floor of the building in Songpa-gu Seoul, and Defendant B was the chief director of the headquarters of the above company.

1. In collusion, on June 2, 2011, the Defendants made a false statement to the victim F (the age of 66) stating that “The Defendants would give a high interest and principal when lending money to a tree nursery business, shall be paid KRW 330,000 per share (the age of 12,100,000), and shall return the principal after three months.”

However, the Defendants did not engage in seeds and seedlings business, and even if they borrowed money from the victims, they did not have any intent or ability to pay the interest promised to the victims or to return the principal after three months.

The Defendants conspired to induce the victim and received KRW 41,851,600,00 from the victim on June 2, 2011, and acquired the total amount of KRW 41,851,60 on four occasions, such as the list of crimes in the attached Table.

2. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining any authorization or permission, making any registration or report, etc. under other Acts and subordinate statutes, shall make an agreement to pay the total amount of investments or an amount in excess thereof to an unspecified person for the future as a business of raising funds from an unspecified number of people, without making

Nevertheless, the Defendants conspired to explain that “a loan of money to a tree tree nursery business shall be guaranteed with high interest and principal when making a loan, shall be paid in KRW 330,000 per each page (12.1 million), and shall return the principal after three months,” and the amount of money shall be KRW 12.1 million from F as investment.

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