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(영문) 부산지방법원 2017.09.13 2017고단1383

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal record] On October 22, 2015, the Defendant was sentenced to a suspended sentence of one year of imprisonment for fraud at the Busan District Court, which became final and conclusive on October 30, 2015, and is currently under suspended sentence.

[2] The Defendant established the F Company F for the purpose of real estate development business, etc., and subsequently purchased land located in Gyeongnam-gun G in order to attract investment money from many unspecified people under the pretext of selling the entire house.

1. On October 12, 2015, the Defendant, at the F Office of the F Office of the F Office of the Corporation located in the Busan J or the fifth floor of Busan J or the fifth floor, carries out the business of purchasing and developing forest land by purchasing it, and selling all the following housing by selling it by selling it by changing the form and quality.

When lending investment funds, 5% interest shall be paid each month, and the principal shall be returned after six months.

The phrase “ makes a false statement.”

However, the Defendant was unable to develop real estate to purchase for the foregoing business within a short time and make profits therefrom, and the Defendant or the above company did not possess any special property, and thus, while running a business by borrowing money from others or raising investment funds, the Defendant was bound to operate the business by providing profits to investors in the form of so-called “to prevent the return of the invested money.” Therefore, even if receiving the investment from the victimized party, there was no intent or ability to pay the profit and the principal as above.

Nevertheless, the Defendant, as such, received from the victim the remittance of KRW 10 million for the same day as investment money from the victim, from January 20, 2016 to January 20, 2016, a total of KRW 130 million from six victims, such as the list of crimes (1) in the attached Form.

Accordingly, the defendant was informed of the victims to receive property.

2. Any person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall obtain authorization or permission under the relevant Acts and subordinate statutes;