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(영문) 서울북부지방법원 2016.08.26 2015고합315

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for six years.

Reasons

Punishment of the crime

[Criminal Records] The defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court on June 7, 2006 and has been sentenced to six months of imprisonment for the same year.

7. 28 On December 5, 2006, the judgment became final and conclusive, and the execution of the sentence was terminated in the same correctional institution.

[2] The Defendant is the actual operator of C Co., Ltd. (hereinafter “C” and, in all cases, the name of the Co., Ltd. is omitted) of 2015 high 315.

On November 19, 2009, the Defendant tried to implement a development project of approximately KRW 77,000 for H tourism special zone G located in the north-gu Incheon Metropolitan City in the F Office operated by the victim E, Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City.

To do this, in order to require the consent of 67.7% of the landowners, 65% of the land owners have been at the progress of the project with the consent of 67.7% from the land owners. As such, the rest of the consent is secured and the cost necessary to obtain the necessary authorization and permission for the project is different. It is intended to pay the principal and profits of the investment by April 5, 2010 with the funds introduced from the implementation of the project.

The phrase “ makes a false statement.”

However, at the time, the above C had no particular source of revenue and operated the debt-raising, and the Defendant merely thought that the Defendant would use the investment money as the operating expenses of the above company and the repayment of the existing debt. In relation to the above business, the Defendant did not obtain a consent of 30% from the landowners, and it was not a situation where the consent can be obtained or the approval of the competent administrative agency can be obtained. As such, it is difficult to carry out the above business, and therefore, the Defendant did not have the intent or ability to pay the principal and the profits of the investment money to the victim until April 5, 2010.

The Defendant, as well as the receipt of KRW 200 million from the injured party to the credit union account in the name of C for the same day of investment, was transferred from that time to March 31, 2010.