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(영문) 의정부지방법원 2018.09.05 2018고단1267

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The Defendant, while receiving a golf leson from the victim C, who was a prolley in the B golf practice place located in Namyang-si, tried to take the words that the victim would want to run a golf leson business along with the next prolleyer in D, and let the victim deceiving the victim to acquire the investment money by deceiving the victim.

1. On August 31, 2016, the Defendant, in the B golf practice room located in E in Namyang-si, Namyang-si, around August 31, 2016, purchased the victim’s land 4,000 square meters by receiving money from a person who has a string in order to create D operated as a member of a domestic community, and the design was already made in order to make a golf course in the 2,000 square meters (PAR 3). The remaining 2,000 square meters have already been embodied.

VIP customers recruitment, in the name of 30,000 won per person, the right of 30,000 won per person has been completed to sell 30 persons, as well as other member recruitments have been enjoying a provisional contract.

The purpose is to attract 2 billion won from ‘F' as a golf business fund on condition that a golf course is constructed on the land of 4,000 and a new building is operated by leasing business. On the other hand, once money to be operated is insufficient, and if money to be paid is invested, it will be paid in the form of dividends of 10% over the two months.

“A false statement was made to the effect that it was “.”

However, the Defendant did not purchase the site of the golf course, and did not prepare for the golf course design and new construction. At the time, the Defendant did not sell the golf course membership and did not recruit the members. At the time, the Defendant was liable for financial rights equivalent to KRW 32 million, and the Defendant was liable for personal obligations equivalent to KRW 20 million, and was able to use the money for the cost of living due to economic difficulties, such as there was an idea to use it for the cost of living, so even if the Defendant received an investment from the damaged party, the intent or ability to pay the profit by running the golf business.