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(영문) 서울동부지방법원 2017.12.06 2016고단3528

사기

Text

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

Reasons

Punishment of the crime

The defendant, on June 2009, tried to acquire a timber plant from the Chinese ice Hamban and Mangian Ham-ri, and from the victim D, "I will build a hotel pathy E along with the family pathy E in China," and take it over.

E entered into a contract for 20,000,000 won of investment money invested by E. 20,000 won of timber plant.

Even if only a timber factory of this size is operated in China, it can live in a life.

The resources and growth of China are growing, regardless of whether it is a country of China or not.

As a result, there is an investment in a state where the balance of a timber plant is not yet paid, it cannot be said that the investment is made under the same condition as E, because it has already been made in a large number of days, and when the hotel construction works, the pre-paid construction cost and the fund for acquiring a timber plant enter the amount of KRW 600 million, and if an investment is made only KRW 450 million, the profits will be paid and 30% of the shares will be paid.

The hotel work will begin immediately, and no way is the construction period of one year, and the amount of investment will be recovered within the limit of one year, and the return on investment will be guaranteed to the maximum of 40%.

“A false representation was made.”

However, even if the Defendant received the above investment money from the injured party, it was thought that it would be used for personal purposes, such as using it as the family's living costs in Korea and repaying debts. In the case of F Limited Company F (hereinafter "F") operated by the Defendant, it was unclear whether it is possible to enter into the said contract because the hotel interior work and wood for the acquisition of public funeral have not been specifically carried out at the time, and thus, even if receiving the said investment money from the injured party, there was no intention or ability to pay the principal and profits within the agreed period.

Nevertheless, the Defendant, as such, deceiving the victim and deceiving the victim, total of KRW 350 million on June 4, 2009 and KRW 150 million on July 31, 2009.