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(영문) 제주지방법원 2018.10.11 2017고합54

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for five years.

Of the facts charged in the instant case, an attempted fraud against the victim AY and the victim.

Reasons

Punishment of the crime

1. [2017 Gohap 54] On May 18, 2012, the Defendant established the F Co., Ltd. F (hereinafter “F”) with capital of KRW 500 million (hereinafter “F”).

However, since the establishment of the above company, the above company could not actually raise business profits, and the defendant was investigated by multiple investors on the ground that there was a increase in stock value through the construction of the hospital that was continuously introduced by the company and the attraction of foreign capital, etc. on the ground that they received six times or more from them, due to fraud, and received investigation. The total amount of damage is KRW 840 million, and around October 2015, the defendant was investigated by the Seoul Southern Police Station in relation to the case that was accused of taking 340 million won from B among the above investors, and was under investigation by the Seoul Gangnam-gu Police Station in relation to the case that was suspected of having received 340 million won from the above investors, and was demanded by other investors to return the investment money.

While the Defendant additionally purchased the shares of the said company or colored a person to lend money, on October 2015, the Defendant introduced Y, a victim A, who is a substantial operator of the DG corporation, conducting a construction and sale business of another 18-household unit (hereinafter referred to as “DF”) in the Jeju-si Dom Dom DE and 2 Dom Dom Dom Dom Dom Dom.

The Defendant, around October 21, 2015, will receive the right of sale from the victim and make the cashed.

Of the sale price of KRW 60 million, KRW 300 million, the victim was written and KRW 350 million was loaned to Na (Defendant). The agreed that “The amount of KRW 660 million with respect to the above DF DH head and DI’s head, upon receiving a request from the party who consented to the request, shall be paid the amount of KRW 660 million with respect to the above DF DH head and DI (=the supply amount of KRW 330 million x 2).” This agreed that “The amount of KRW 660 million with the cashed until November 10, 2015 shall be deposited to DG Co., Ltd. (Defendant J).”

In such a case, the defendant disposes of the above DF DH H and DI at an appropriate price as requested by the injured party, and the amount shall be made to the injured party.