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(영문) 서울중앙지방법원 2017.11.23 2016고단7243
사기
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal record] On February 2, 2017, Defendant B was sentenced to four months of imprisonment for fraud and one year of suspended execution at the Incheon District Court, and the above judgment became final and conclusive on February 10, 2017.

[Criminal facts] Defendant A is a person who has served as a representative director of H in a plan for the resolution of a corporate restructuring company.

Defendant

B as the former representative director of the above company around November 201, 2014, the defendant A proposed the office of representative director of the above company and decided to proceed with the investment business promoted by the above company with the defendant A.

Therefore, at the above company office located in the third floor of the Seoul Metropolitan Government I building around December 17, 2014, Defendant B is required to pay the victim F the investment amount to the Seoul Metropolitan Government F in the implementation of the construction project at the Seoul Metropolitan City Do Do Do Do Do Dogsan, Seoul. If the party invests in KRW 16.2 million, Defendant B will pay KRW 675,000 for five days a week, excluding a legal holiday.

“False speech” was made to the effect that “Defendant A made a false statement, and Defendant A made a false statement to the effect that “I do not know about, and make an investment in the company.”

However, in fact, even if the Defendants received the investment from the injured party, they were urgent conditions to appropriate the investment funds for the investment principle against the senior investors, and the Defendants and the above companies did not have any property and have the ability to carry out the above business, and they did not have the intent or ability to repay the investment funds to the injured party.

Therefore, the Defendants conspired to induce the victim as above and received money of KRW 16.2 million in the name of the same day from the victim to the corporate bank account (J) in the name of the said company.

Summary of Evidence

1. Statement made by the defendant A in the third public trial records;

1. Entry of part of the defendant B in the first trial record;

1. Each legal statement of the witness F and K;

1. The witness A’s legal statement (defendant B)

1. Statement made by the police with regard to F;

1. A copy of the purchase agreement in the form of brain, or a copy of the passbook (deposit details of allowances) in the name of the complainant;

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