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(영문) 서울남부지방법원 2016.07.22 2015고합491

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From January 2014, the Defendant, who is engaged in the real estate brokerage business, received a request from D Co., Ltd. (hereinafter “D”) from D Co., Ltd. (hereinafter “D”), to “F shop construction costs incurred in the construction of new F shop construction in D in ASEAN, was suspended due to the shortage of construction costs, and if the Defendant leased KRW 500 million, he/she would have repaid KRW 650 million up to August 30, 2014.” He/she was willing to lend money to the said E by means of financing through the victim G with usual friendship.

On March 4, 2014, the Defendant made a false statement to the effect that “The Defendant would make an investment of KRW 500 million in the J apartment complex shopping district,” with the purchase of KRW 112, 113, and 114 from the above shopping district, and the Defendant would pay KRW 600 million in total by August 30, 2014, when selling the principal and profit.”

However, there was little possibility of realizing profits through the purchase of K commercial buildings at the time. The defendant only intended to receive money from the injured party and to borrow money to the above E for the purpose of receiving interest, so even if the injured party received money, the defendant did not have the ability or intent to pay the principal and profit through the investment of K commercial buildings as agreed upon.

On March 5, 2014, the defendant deceivings the victim as above, and acquired money KRW 500 million from the victim to the foreign exchange bank account in the name of the defendant on March 5, 2014 and acquired it by transfer.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Some statements made to the defendant in the protocol of interrogation of the suspect against the defendant (excluding the part where the defendant denies the establishment of substantial authenticity);

1. Statement made by the prosecution against E;

1. Copy of A’s statement made on May 14, 2015, and copy of the suspect examination protocol made on October 19, 2015;

1. A complaint, each investment agreement, account transfer details, account transfer details, reference documents, and each investigation report (a certified copy of corporate registry).