특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant is a person who was the representative director of a corporation B for the purpose of real estate development business, etc., and the victim C, victim D, victim E, victim E, victim F, and victim G are people of the defendant's family and person related to the person.
1. On February 23, 2017, the defrauded Defendant: (a) made a false statement to the effect that “I” in the same restaurant as “I” located in the Daegu Northern-gu, Daegu Northern-gu; (b) “I will proceed with accommodation business and ancillary business, such as the victim C, victim D, victim E, and victim F in the north-gu, North Korea-gu, North Korea-si, Y, M, N,O, P, and P. The share in the corporation B is 50 million won; and (c) made a false statement to the effect that “I will contribute to the distribution of profits according to the share ratio if the remainder investment is made in the amount of the share.”
However, as above, even if the Defendant received a total of KRW 170 million from the victims, the Defendant did not have the ability to invest KRW 330 million in the above business, and there was no intention or ability to distribute the proceeds to the victims because the Defendant planned to use the investment funds received from the victims for operating the food business.
Nevertheless, on February 24, 2017, the Defendant enticed the victims as above, and received KRW 50 million from the victims C, KRW 50 million from the victims E, KRW 50 million from the victims D, KRW 20 million from the victims E, and KRW 170 million from the victims E, from the R Bank account in the name of the Defendant.
Accordingly, the defendant was delivered each property by deceiving the victims.
2. The Defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was in the process of establishing the victim G, a representative director of T in the Daegu North-gu, Daegu-gu, Daegu-gu, on May 16, 2017, which is in the process of establishing the U in the said business, and if it invests KRW 50 million in the said business, it would be paid 2.
The principal of the investment shall be the principal.