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(영문) 서울중앙지방법원 2017.03.17 2016고합661

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for six years.

Reasons

Punishment of the crime

The Defendant is a real operator of D (registration number E, hereinafter referred to as D) corporation.

In 2004, the Defendant invested KRW 1.6 billion from the victim G in relation to the project for the construction of the F apartment house in the G Gandong zone (hereinafter “F project”), but did not grant the investment money according to the said apartment house project through compulsory auction, etc. by setting the collateral security of the maximum amount of KRW 3.075 billion (total amount of KRW 3.54 billion) with respect to the said F project site.

On January 1, 2009, the Defendant (i) had a financial difficulty in performing the “I General Industrial Complex Development Project” (hereinafter referred to as the “instant project”) to the victim at the instant coffee shop located in the Seocho-si Sndong-si, Manman. However, if the company (hereinafter referred to as the “K”), which is currently promoting the instant project (hereinafter referred to as the “instant project”), has been running in the cooperative, the Defendant may obtain a business license from the above executive company and make profits from selling it to the general public within six months with the approval of the industrial complex.

If the sum of KRW 100 million is KRW 600,000,000,000,000 for taking over the above partnership's business rights, it shall be paid twice the amount invested as profit dividends with authorization and permission for not more than six months.

If this project is well-grounded, the investment in the above Franch.

1.60 billion won of losses may also be met. ‘The losses of the 1.6 billion won of losses' were resolved.

In addition, the Defendant stated to the effect that he would give KRW 10 billion, including the money previously given to the victim on May 24, 2012, and that he would give KRW 13 billion including the money previously given to the victim on June 2013.

However, in fact, in L, the Defendant requested the transfer of the above school juristic person M High School (hereinafter “instant school”) located within the pertinent project site under the condition of approval for the instant project, there is no particular capital possession for the creation of the instant industrial complex, including expenses for the purchase of the instant school site, within six months.