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(영문) 부산지방법원 2016.05.25 2015고단4958

사기

Text

Defendants shall be punished by imprisonment for one year and six months.

Reasons

Punishment of the crime

Defendants were able to procure money under the name of investment money by soliciting investors in D Park Funeral Service stores, restaurants, etc. located in Ulsan-gun, Ulsan-gun, Ulsan-gun.

Defendant

A In June 2012, 2012, the victim G, H, and I secured the right to operate the restaurant, store, etc. of the D funeral hall in the Franc shop located in Busan, J, and I in Busan, the victim G, H, and I. In the Franc shop, after three months, the restaurant, store, etc. is opened, the profits will be reduced from February 2013 to July 2013, and the investment money will be repaid from July 2013.

Defendant J, around August 201, 201, ordered K to explain the location of the restaurant, etc., facility status, project plan, etc. to the victim H and I who visited the place at D Park site.

However, in fact, profit-making businesses such as restaurants and stores in the D Park were prohibited from being entrusted to the general public, and the Defendants did not secure operational rights, and even if they were paid money from the victims as investment money, they thought to be used for other businesses. Even if they received money from the victims as investment money, they did not have the intent or ability to pay profits or return the investment money.

The Defendants, on September 10, 201, received KRW 400 million from the victim G, including KRW 150 million from the victim H, KRW 150 million from the victim H, KRW 100 million from the victim I, and KRW 100 million from the victim I, and acquired them by transfer to the one bank account (M) in the name of L on September 10, 2012.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of witness G;

1. The protocol of interrogation of the Defendants and K for each prosecutor's office

1. Statement made to N orO by the police;

1. A letter of certification (a letter in the same industry);

1. An investigation report (A-Presentation of passbook Data), investigation report (in response to a request for details of financial transactions), etc. [The Defendants shall receive KRW 400 million from the victims, but this shall not apply.