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(영문) 광주지방법원 2014.07.17 2013고단4197
사기등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On October 2, 2013, the Defendant was sentenced to one year of imprisonment for fraud at the Gwangju District Court, and the judgment became final and conclusive on October 10, 2013.

The Defendant, around 2003, was a person who initially developed and manufactured and sold “C”, which is a pseudo petroleum product, and is a representative director D Co., Ltd. and the actual operator of E, a corporation selling the said product.

Around March 2010, the Defendant: “G” coffee shop located in the Mine-gu, Gwangju-si, Gwangju-si (hereinafter “G”) to the Victim H(60 years of age”; “The automobile fuel additives produced in D, Co., Ltd., may be used as substitute fuel for automobile, and at the same time, it is not illegal because it obtained permission from the mother. The factory has been set up and the tank tank has been secured, and only the product has been deposited within one week at latest. The entire sales right of this product is owned by E, and the company’s stocks may raise investment profits on several occasions.” In fact, the Defendant brought 20 liters of the above product and made the victim operate the test.

However, in fact, the above products did not have obtained government permission as substitute fuel, and the Defendant started construction of hazardous material treatment facilities on the paper, i.e., Yong-gun, Yong-gun, Jeonnam-gun, and Jeonsung-gun, but did not complete construction until January 201. Furthermore, the Defendant did not have any sales revenue, and the Defendant did not have any intention or ability to manufacture and supply the above products in a normal manner because there was a circumstance in which the Defendant could not pay wages to D employees.

Accordingly, the Defendant, by deceiving the victim as above, entered into a contract on June 14, 2010 between the victim and the victim, to transfer the shares of E Co., Ltd. (the face value of KRW 5,000 x 1,000 x 300 million) with a total face value of KRW 5,00,000 in the coffee shop.

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