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(영문) 서울중앙지방법원 2015.01.22 2013고단4280

사기

Text

Defendants shall be punished by imprisonment for two years.

However, as to the Defendants for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Justice] Defendant AO was sentenced to a suspended sentence of three years and six months in Seoul High Court for the crime of occupational embezzlement on January 7, 2010 and the said judgment became final and conclusive on March 15, 2012.

【Criminal Facts】

The Defendants tried to implement the project to supply earth and sand for reclamation through the collection of earth and stone in relation to the Saemangeum Sea Preservation Project.

The Defendants made a false statement to the effect that, from the early December 2008, the Defendants made occasional meals with the victim AX (53 years of age), victim AY (52 years of age), Z, and BA at the AU restaurant located in Gangnam-gu Seoul, Seoul, and the “AW restaurant,” located in Gangnam-gu, Seoul, and that, if they made an investment of KRW 600 million to the victims, the Defendants made an investment of KRW 1.2 billion up to March 22, 2009, the sum of KRW 1.6 billion up to June 15, 2009, and the sum of KRW 1.6 billion up to KRW 1.6 billion up to June 15, 2009, the Defendants made an investment of KRW 1001, 1007, 1009, and 1009, and if they did not make a payment within the given period, they will have the right to dispose of the said three commercial buildings.”

Defendant

On January 5, 2009, BA and PP representing AO prepared an investment contract with the victims in the BC notarial office located in Gangnam-gu Seoul, Seoul on January 5, 2009, and the defendant AO provided the victims with three certificates of full payment of the commercial sales sales payments through A and the above BA.

However, in fact, the Defendants did not obtain the authorization and permission for the collection of earth and rocks from the Gunsan City, and only received the consent for the purchase of land from the nearby land in the Gunsan City, and even if they received the above investment money from the victims, the down payment for the purchase of the above land is not properly appropriated, so there was no intention or ability to pay the profits within the short period as above, and there were three previous commercial buildings.

It was not possible to exercise the right to dispose of the real estate which was trusted to the real estate trust.

In this respect.