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(영문) 서울중앙지방법원 2017.07.20 2017고합436

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On June 2016, the Defendant, under the name of C and D Co., Ltd. (hereinafter referred to as “D”), pretended to promote the F Apartment Construction Project Act in the name of the Chungcheongnam-nam Budget E and four parcels outside the name of the company (hereinafter referred to as “D”), will collect investment funds from the company, and first, around June 22, 2016, entered into a contract and a fund management work contract with G Co., Ltd. (hereinafter referred to as “G”) on the pretext of fund management, and expressed investors.

Thus, although the defendant and C decided to attract funds from the victim H, the victim will invest funds only when G's obligation to manage funds.

G demanded that it be responsible for the implementation company, and G refused the demand and required investment-related documents.

Accordingly, the Defendant and C: (a) around June 2016, there is a concern that the victimized person may withdraw the investment promise; (b) as if the victimized person invested in the said new construction project, forged the investment contract and delivered it to G; and (c) as if G would pay interest on the investment deposit as required by the injured party and bear the responsibility for the management of funds, G forged the fund management agreement and offered it to the injured party, thereby soliciting the victim to block if the investment deposit is made into the account of G.

1. Forging a private document or uttering of a falsified investigation document;

A. On July 2, 2016, the Defendant, along with C, prepared the “F Apartment Construction Fund Investment Agreement” with the content that “if he/she invests in the amount of KRW 3.5 billion in the H F Apartment Construction Project” by using a computer located in his/her office located in Mapo-gu Seoul Metropolitan Government, Seoul, the Defendant shall pay the amount of the investment within six months, and the amount of 40 percent of the business revenue shall be paid as dividends after the business settlement,” and “A” with the investor (“A”) column, stating “The address: the address” as “K 208 Dong-dong 402 L apartment, name: H”, and the name of the company located in advance following the name of the company.

H-.