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(영문) 대구지방법원 2019.01.17 2018고단1007

사기

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant is the representative director of “B” corporation for the purpose of manufacturing fishing goods, and C is the managing director, and D is the managing director, and D. of the said corporation.

The Defendant, along with C and D, conspired to receive investment money by explaining to investors as “stock company B” raises enormous profits from the sale of the electric housing complex.

However, the fact is that “B” for the purpose of manufacturing fishing goods is merely the term “stock company B” which is acquired only by the Defendant, and there is no other profit. Since the capital has been reduced, it is impossible to operate the company, and even if the investment was made, there is no ability to rapidly increase sales within a short period by utilizing the investment money. Therefore, even if the Defendant has invested money from investors in “B” by attracting short-term investment, it is inevitable to take the method of using the investment money attracting from subordinated investors to repay the principal and interest to the existing investors in a short period, and eventually, the Defendant did not have any intent or ability to pay the agreed high-rate profits to investors, such as it is anticipated that the Defendant would not pay the profits of the agreed high-rate, so long as the new investors are not attracting, there is no intention or ability to pay the profits of the agreed high-rate profits to investors.

Nevertheless, the Defendant, along with C and D, has secured approximately 12,00 square meters of forest land at the place of “B” office located in Daegu Dong-gu, Daegu-gu, on January 22, 2008, to the victim F, the Defendant secured a site at approximately 12,000 square meters in forest land at the place of residence. However, if an ecological park near the forest has been changed and the forest has been developed into the site of electric source housing, there is a lot of profit, and the profits alone can also be returned to the investors.

A, a representative director, has already changed the purpose of use, is the re-power of several hundred million won, and Daegu is also the ground.