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(영문) 서울중앙지방법원 2015.10.29 2014고단8798

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. The Defendant is a joint representative director of G Co., Ltd. from October 21, 201 to June, 201, who was sentenced to a suspended sentence of three years for fraud and embezzlement at the Seoul Central District Court on January 28, 201, and was sentenced to a suspended sentence of one year and six months on February 8, 201, and the judgment became final and conclusive on February 8, 201.

The Defendant purchased land of 50,000 square meters from the company F, which was known from around 2005 to the victim H (F), "F, who is the president of the Republic of Korea, is in the process of performing the leisure and tourism complex development project by acquiring the cablecar business operation right from the luminous city." The Defendant borrowed approximately KRW 650,000 from the victim from October 2005 to March 2006, as a business fund, approximately KRW 650,000,000 from the victim from around 6 months to 1 year after that time, and issued three promissory notes, and the sum of their face values was KRW 937,50,000,000,000,0000, which was the date of the payment of the said promissory notes, but did not repay the debt until June 6, 2006, 300,006.

2. On September 1, 2006, the Defendant made a false statement to the victim H that “The Defendant would repay the money to the victim H in the name of the F to the leisure tourism complex development project, such as the development of a rink project and a hotel in the same luminous and lower wnings in the name of the F.”

However, there was no consultation with the competent authority concerning the determination of area area, phased business plan, investment in kind or lease plan with respect to the leisure tourism complex project promoted in K, such as Gyeong-dong I and Gyeongyang-siJ in Gyeongyang-si, and there was no fact that the defendant was selected as a developer or obtained approval for the execution of the development project.

Rather, the leisure tourism complex development project is subject to the "project termination notification" from the competent authorities.