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(영문) 서울동부지방법원 2016.08.26 2016고합154

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Criminal facts

The Defendant is a person who owns 20% of shares in C (hereinafter referred to as “C”) and is engaged in the same business with C’s actual representative D.

D, around June 26, 2012, in order to build freezings on land in Ansan-si, entered into a real estate sales contract with F and F for land purchase price of KRW 2.5 billion. However, on November 2012, 2012, the construction was suspended at the request of F and the real estate sales contract was terminated due to the suspension of the construction and the termination of the real estate sales contract, even though the Defendant, along with D, conspired to obtain money from the victim G and obtain money from the victim.

On April 2014, the Defendant, at the victim’s office located in Songpa-gu Seoul Metropolitan Government H, ordered the victim to complete the construction by inserting the construction cost of KRW 2 billion if the Defendant paid the down payment to install a freezing warehouse on the land E located in Ansan-si and paid the remainder of KRW 500 million.

On January 2015, 2015, the loan of KRW 500 million, the principal amount of KRW 500 million will be refunded and 40% of C's interest will be paid.

Monthly profit is expected to be paid at least KRW 30 million monthly if 40% of the equity interest in KRW 90 million is paid monthly.

“False speech was made to the effect that it was “.”

The Defendant and D, as mentioned above, deceiving the victim and deceiving the victim, 30 million won in the account in the name of Han Bank on May 2, 2014 from the victim, and the same month.

7. The Defendant obtained a total of KRW 100 million, including KRW 100,000,000 from the same account and KRW 100,000,000 to the bank account in the name of

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A protocol concerning the examination of the suspect of the prosecution (including the defendant and I's respective statements) on April 26, 2016 regarding D;

1. Statement made to the prosecution by each prosecutor with regard to I;

1. Investigation report (the wife of the F in the state of land J and monetary);

1. The E’s land photograph (Evidence No. 149-153 pages of evidence) at Ansan-si.