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(영문) 수원지방법원 평택지원 2015.01.21 2011고합127

특정경제범죄가중처벌등에관한법률위반(사기)등

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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 became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who actually operated E Co., Ltd. (hereinafter “E”) with the second floor of Pyeongtaek-si Building from April 2008 from around April 2008.

A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the fraudulent defendant had been implementing the new construction of G apartment on four lots, such as G apartment on June 2008, including 2,874 square meters in Gangwon-do, Gangwon-do, Gangwon-do. However, around 1997, the defendant was a bad credit holder, who borrowed money from a bond company or another person without any specific property, and was responsible for the debt of approximately 1.3 billion won. Since around 2006, it was difficult to obtain an investment from another person or to make a subcontract, even if he was to receive an investment from another person or to receive a subcontract, it was in the state of having no intent or ability to pay the investment on the agreed date or to pay the construction cost.

Nevertheless, around June 24, 2008, the prosecutor of the E office stated the place where the crime was committed “a notary public who is in Pyeongtaek-si 151-8, Dong-dong 151-8, stated the place where the crime was committed,” but it appears that it was caused by mistake.

On June 24, 2008, the defendant and the victim H entered into an investment agreement at E office on June 24, 2008, and on June 25, 2008, the next day was notarized by a notary public at the Hanma Law Firm.

(See Supreme Court Decision 77, No. 7731 of 201, No. 765 of the Evidence No. 777, No. 765). Since it is determined that there is no substantial disadvantage to the defendant’s right to defense, the above recognition should be made without the process of changing the indictment

From the end of February 2009, the victim H (the age of 43) states that "where one billion won has been invested by 1 billion won based on crypology, she shall complete cryp construction up to 15th floor until October 2008, and until the end of February 2009, she shall pay the investment amount of one billion won and one billion won and one billion won in return, she shall be paid from the above victim's account in the name of E (I) on the same day. < Amended by Presidential Decree No. 20690, Jul. 2, 2008>