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(영문) 서울중앙지방법원 2016.03.03 2015고단4048

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendant's right of defense, some of the facts charged are legally adopted and investigated by this court.

[criminal history] On July 23, 2014, the Defendant was sentenced to four months of imprisonment with prison labor and one year of suspended execution as a crime of kidnapping a minor at the Seoul Central District Court on July 23, 2014, and the judgment was finalized on July 31, 2014.

[Criminal facts]

1. The defendant has been in office as the representative director of the Co., Ltd. from 2003 to 2003.

The defendant around May 16, 2009, in the office of the Dispute Resolution Co., Ltd. in the vicinity of Gwanak-gu, Seoul Special Metropolitan City D, the victim E is conducting the business of selling the land of Seo-gu, Busan by winning a successful bid, and the investment amount of KRW 200 million is recruited.

Since the value of real estate will increase in the future, if investment is made in the project, there are a lot of profits.

The above real estate will be sold three years, and 50% of the principal and interest of each investor shall be distributed to investors at the investment ratio.

The principal is guaranteed and it is possible to make high profit in a short period.

However, in fact, since the real estate trading business promoted by the defendant is unlikely to be successful and may cause a loss of principal of the investment, there was no intention or ability to repay the principal of the investment and the profit in accordance with the agreed terms, even if the investment is made under the condition that the principal of the investment is paid by other investors.

As such, the Defendant, by deceiving the victim, received 20 million won from the injured party through the National Bank Account (G) account in the name of the Defendant on the same day from the injured party, as investment money, and obtained a total of KRW 192 million from April 24, 2009 to July 14, 2009 by the above method, as shown in the attached list of crimes, from April 24, 2009.

2. The permission of any person who violates the Act on the Regulation of Similar Receiving Acts and Subordinate Statutes shall be granted.