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(영문) 인천지방법원 2018.05.03 2017고단6543
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is a person who has worked as a regular manager in D (Representative E) established for the purpose of event agency business.

The Defendant, around November 19, 2014, from Echeon-si, F apartment 103-1107 around Dongcheon-si, to the victim G and H couple, “The Defendant will supply the telecom to the Ministry of National Defense, but the investment of KRW 100 million would bring about 5% of the profits, and 10% of the investment of KRW 200 million may be reduced.

In addition, there have already been 20% shares by making investments, and the representative E and other persons have also made investments.

The amount of investment changed in cash and made a false statement to the effect that “the investment was made.”

However, the defendant et al. had never been engaged in the business related to the royalties before, and there was no person in the Ministry of National Defense and the Defense Agency, etc., and around November 201, the influence of the Sewol ferry case and the office rent, etc. had been pushed down due to the business depression of the above company, and there was no other ability to prepare the business operation expenses of the company except the money prepared by E, and there was no other situation where a contract was concluded or otherwise promoted with the Ministry of National Defense for payment of the telecom to the Ministry of National Defense, and other transaction partners did not secure. The entrustment contract with the I who introduced the business in the middle of the business was not an intention or ability to supply the telecom to the Ministry of National Defense or to pay the principal and profits to the victims due to the circumstances such as around December 2014.

Around November 21, 2014, the Defendant received total of KRW 50 million from the victims, including KRW 50 million, via E’s corporate bank account (J) in the name of the Defendant, KRW 50 million in the account under the name of the Defendant, KRW 50 million in the said corporate bank account in the name of the Defendant on February 16, 2015, and KRW 50 million in the said corporate bank account in the name of the Defendant on June 29, 2015.

Accordingly, the defendant was provided property after deceiving the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Prosecutions on I.

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