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(영문) 서울남부지방법원 2016.08.25 2016고합74

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendant

A shall be punished by imprisonment with prison labor for three years and imprisonment with prison labor for two years.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

The Defendants attempted to purchase the building in Ansan City by the victim F, but became aware of the fact that the contract deposit was returned due to the failure of the contract, the Defendants solicited the victim to use the money received from the victim for an individual purpose of using the money received from the victim as if he was invested in the purchase of the H building on the 3rd land outside Mapocheon City.

On August 29, 2014, the Defendants, through I, planned the business of purchasing H building and operating the de facto air transport to the victim in the office of the victim on August 29, 2014, the 8th floor of Yeongdeungpo-gu Seoul Metropolitan Government J building, and if the Defendants make an investment of KRW 1 billion to be used as the down payment, the Defendants would pay KRW 1.1 billion as well as the 1.1 billion from the profits.

The phrase “ makes a false statement.”

However, at the time, the Defendants did not determine the fund relationship for the purchase of H building, so the negotiations with K companies with private individuals in the construction of H building did not proceed.

The defendants received 1 billion won as down payment from the victim and used them for their personal purposes, and there was no intention or ability to use the money as down payment to purchase H building.

The Defendants, through I, received the delivery of KRW 1 billion in total of 100,000 won in KRW 100,000, in the name of the contract deposit to be used by the injured party in purchasing H buildings at the seat.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Legal statement made by a witness L;

1. A protocol concerning partial examination of the suspect against the defendant A;

1. Protocols concerning partial examination of the suspect against the defendant A;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. Statement made by the police with regard to F;

1. A complaint, a hospital business promotion plan, an investment contract, a repayment plan of investment funds, a summary of construction, receipts, copies of checks, and a statement of performance;