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(영문) 수원지방법원 2016.08.09 2015고합609

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of two years.

However, as to Defendant B, this shall not apply.

Reasons

Criminal facts

The Defendants: (a) the fact is that Defendant A paid approximately KRW 6.6 billion a down payment out of the site purchase price for a used vehicle development project (hereinafter “project in this case”) located in Cheongju-si, which is being promoted; (b) whether the project is permitted; and (c) the land purchase price and construction cost are not prepared for the project in order to promote the project in this case; and (d) even though there was no apparent increase in the price of the said site, Defendant A invested a large amount of funds, thereby securing the above business land; and (c) it is anticipated that the project will be commenced immediately because the project will be permitted, and even if the price of the said site has already increased, the investment would not be likely to cause damage.

Defendant

A around April 6, 2014, it is intended to create a used vehicle sales complex to the victim E in the passenger car of the Defendant A and the site of the said site in the used vehicle transaction complex F in Yeongdeungpo-gu, Seoul Special Metropolitan City.

The total site is 13,00 square meters, and the G door purchased the land owned by it.

The amount already invested is about 16 billion won, and the head of the family and the head of the family H has invested half.

The property in this site is being disposed of and invested in the whole property by collecting money, and the development of the used car trading complex is being promoted in the name of the I Co., Ltd., the representative director in this site (hereinafter “I”), and the land is sold by excavation work.

When the excavation of cultural heritage is completed, it shall enter the commencement of construction on April 2014 and complete the construction on July 2014.

The J, which is a business of Cheongju, became final and conclusive to enter this land immediately.

Therefore, the land value of this land is about 42 billion won.

In the beginning, I would like to hold 50% or more of the I's shares and hold more than 50% of the I's shares, so I would have a lot of taxes.