특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for three years.
Punishment of the crime
The Defendant is the representative director of “C” (hereinafter “instant real estate”) located in B-VIT NAM (118,557 square meters) (hereinafter “instant real estate”), the main purpose of which is construction business, construction material sales business, etc. (hereinafter “instant corporation”).
1. The Defendant, in light of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), committed a crime of deceiving people to acquire money by deceiving people as if it would make it difficult to operate the corporation of this case to conduct the housing site development project of this case to the extent that it does not pay the employee’s benefits or office rent in 2008.
On December 2, 2009, the Defendant stated that “B is operating a corporation in Vietnam at the present time” to the victim F, “A is a foreign-invested investment corporation that is free from application of the Vietnam law, and is engaged in stable transactions with H that is a G Vietnam corporation. However, in order to secure the quantity of the raw materials of the sand position panel recently intended to be supplied to H, the bank’s liabilities amounting to KRW 1.8 billion have occurred and the auction is possible. In order to solve this problem, the Defendant would be able to pay money in preference to other claims if it is impossible to pay money.” If it is impossible to pay money, the Defendant said that all corporate authorities, such as authorization and permission, etc., will be exceeded six months.”
However, the defendant was unable to transfer the real estate and corporation's shares to the victim because of the lack of specific planning or improvement of the housing site development project.
Nevertheless, the Defendant, by deceiving the victim as above, received USD 2.5 million from February 11, 201 to November 30, 201, by means of cash, transfer of account, transfer of foreign currency, etc. (Korean KRW 2.97 million) from the victim, and acquired it by defrauding the victim.
2. The accused of fraud is Gyeonggi-do in September 2012.