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(영문) 수원지방법원 2017.01.12 2015고단2678

사기

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[criminal records] On June 12, 2015, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Suwon Friwon, and the said judgment became final and conclusive on August 31, 2015.

[2] The Defendant is a person who has established a business plan to create a “C Charnel house” in the area of 20 square meters outside Ulsan-gun, Ulsan-gun, and Ulsan-gun (242,844 square meters in total) and recruited investors.

On January 4, 2013, at around 18:00, the Defendant was awarded an auction bid of at least 5.1 billion won on the land of Ulsan-gun B, Ulsan-gun, and 20 lots of land outside Ulsan-gun, and 5.1 billion won at the Ulsan-gun, in order to conduct a project by auction and invite investors on the fourth floor of the D building in Gangnam-gu Seoul Metropolitan Government.

Since 170 million won was paid as down payment, if the initial capital of 500 million won was invested, the remaining investors will be recruited to fully pay 5.1 billion won for the remainder of auction.

The value evaluation statement of this project has an asset evaluation statement of KRW 2.40 billion, and it is expected that at least 1 trillion won will be the profit.

If an investment is made, it was false that it would give KRW 500 billion which is half of the investment.

However, even though the defendant has been promoting the above memorial park project since 2003, there was a cancellation of permission for establishment of an incorporated foundation for the operation of a charnel due to the contribution funds and residents' compensation required by the Ulsan Metropolitan City. On December 201, 2011, the defendant applied for a loan of approximately KRW 70 billion against the Ft Savings Bank, etc., but it was in a situation where it was virtually impossible to raise investment funds due to a follow-up event such as the suspension of business of the Savings Bank in 2011, and it was a situation where it was impossible to repay the loan even if he borrowed money from the damaged person due to the personal debt amounting to approximately KRW 600 million due to the long-term fund increase due to the project promotion.

The Defendant received money of KRW 300 million from the damaged party to the H bank account under G name on January 4, 2013, and received money from the damaged party, and the same year.

1.7. 22:00 It shall be granted in cash at the victim's office in the above D building at approximately KRW 80,000,000.