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(영문) 서울중앙지방법원 2019.05.28 2019고단1153

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant was a substantial operator of “stock company B” established for the purpose of solar power generation-related projects.

1. Around April 1, 2008, the Defendant made a false statement to the effect that “The Defendant against the victim C would pay the victim C the amount of investment equivalent to 2% of the monthly amount of investment by running the solar power plant business. When investing in this business, the Defendant would return the investment principal after two years.”

However, in fact, the Defendant was unable to start solar power generation projects even if he was invested by the victim because there was no land, parts, equipment, etc. for the construction of solar power plants at all, and there was no profit in this project, so it was inevitable for the Defendant to make investments from other investors or to divert revenues generated from other projects in order to pay the profits promised as above.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 250 million from the victim around that time.

2. On May 28, 2008, the criminal defendant against the victim F made a false statement to the victim F at the office described in the preceding paragraph, stating that “The investment amount in proceeding with a solar power plant project is insufficient. When investing in this project, the immediate progress of the project will pay a profit equivalent to 1.5% of the monthly investment amount, and return the investment principal after two years.”

However, the Defendant was unable to start solar power generation business even if he received investment from the victim because it was in a situation where the land, parts, equipment, etc. for the construction of solar power plants was not provided at all, and thus, it was different in order to pay the profits promised as above.