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(영문) 서울중앙지방법원 2020.01.09 2019고단2693
사기
Text

Defendants shall be punished by imprisonment for four months.

However, for one year from the date this judgment became final and conclusive against the Defendants, each of the above.

Reasons

Punishment of the crime

[Criminal Justice] On October 24, 2017, Defendant A was sentenced to a suspended sentence of two years in the Seoul Eastern District Court for criminal fraud on October 24, 2017, and the said judgment became final and conclusive on November 1, 2017.

【Criminal Facts】

Defendant

A is the representative of the Dispute Resolution Co., Ltd., and Defendant B is the employee of the said company.

The Defendants, around June 13, 2017, at the office of the Dispute Resolution Co., Ltd. in Gangnam-gu Seoul Building E, and Defendant B, at the vice president G, who is in charge of the business of the victim F in the Dispute Resolution Co., Ltd., agreed to make an investment of KRW 5 billion in the Fasting Project. The fund owner would make an investment in the Fasting Project. Upon receipt of the letter of undertaking of subrogation, the Fund would have an investment of KRW 30 million in the first place, which would be necessary, and the down payment amount of KRW 30 million in advance would be changed by June 30, 2017.

However, at the time, there was no investor who promised to make an investment of 5 billion won at the time of the investment, and there was no investor who promised to receive H’s obligation of subrogation to make an investment. On the other hand, the Defendants did not have the intent or ability to attract the investment of 5 billion won in the part of the victim company until June 30, 2017.

On June 14, 2017, the Defendants received KRW 30 million from the victim company to the International Bank Account in the name of the Dispute Resolution Co., Ltd.

As a result, the Defendants conspired to deception the victim by deceiving the victim.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of witness G;

1. Statement to the Prosecutor's Office;

1. G statement of the police interrogation protocol against Defendant A

1. Each police statement to G and K;

1. A complaint;

1. The financial loan arrangement contract, content certification, content certification statement, each business registration certificate, part of each registration certificate, and the certificate of part of each registered matter, the letter of PF loan guarantee, the certificate of subrogation for the capital of Brazil, the certificate of seal impression, each certificate of personal seal impression, and the registration to the Dispute Resolution Council.

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