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(영문) 대전지방법원 논산지원 2014.11.14 2014고단324

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a representative director of C Co., Ltd.

1. On May 21, 2012, the Defendant: (a) purchased the F salt War 2467 square meters at a usual market price of 240,000,000 won, totaling 180,000,000 won at an ordinary market price; and (b) sold the land to 4.70,000,000 won after dividing the land. If the Defendant invested the purchase fund of the said salt farm in KRW 188,00,000,000,000,000 won until August 22, 2012, 2012, the Defendant paid 23,40,000,000 won as well as the remaining payment, and at the same time, paid 23,40,000,000 won as to the said salt farm.”

However, in fact, the Defendant promised to pay high profits from others without any particular capital, received real estate investment money from others, and conducted a business in the form of raising profits from the resale thereof, but had failed to return the investment money received from investors. Accordingly, the Defendant already agreed to transfer the ownership of the above salt farm amounting to approximately 84 million won before receiving the investment money from the victim. In addition, it was difficult at the time of the instant case to give employees’ benefits to the previous investors, and it was difficult to have management status to the extent that it should be appropriated for the existing obligation because it was difficult to receive the investment money from the victim because there was a lack of intent or ability to pay the principal and interest of the investment by setting up a collateral security right and selling the salt farm within 3 months, even if the Defendant received the investment money from the victim.

As such, the Defendant makes a false statement to the victim, and 20 million won as a down payment from the victim on the same day. < Amended by Act No. 1146, Jun. 6, 2012>