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(영문) 부산지방법원 2013.05.03 2012고합723

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for four years.

The defendant shall pay 854,350,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

[2012Gohap723] The Defendant is a person who actually operates the “F” where the Defendant’s wife E is the representative director from around 2005 to Busan, while operating the “F” as the Defendant’s wife E in Busan, and the Defendant’s employee H from September 2008 to Busan, Busan, as the representative director, actually operates the “F” with the Defendant’s employee H as the Defendant’s representative director.

1. Around February 21, 2009, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) entered into an investment agreement with the victim C on the condition that 75% of the rental proceeds of 200,000 won per 1 container shower 1 each month, out of the lease proceeds of 200,000 won per 1 container shower 24,000 won per month, and the victim began to engage in the container shower rental business around March 18, 2009 after receiving 167,30,000 won for the purchase cost of 41st unit of container shower 41,00 won for each of the above shower 31,393,600 won for each of the above shower 22, 209.

However, in fact, the Defendant did not make any profit due to the poor performance of the business, thereby preventing the Defendant from returning the dividends to the victim due to the profits earned from the secondhand trading business operated separately by the Defendant, and the said automobile sales business is also in progress due to the poor performance of the business, so the Defendant did not have any intent or ability to pay the dividends to the victim even if he received the money under the name of investment in the container shower rental business with the poor prospect for the container shower rental business.

Nevertheless, on June 2009, the Defendant called on the K Office for the operation of the victim in Busan Yong-gu, Busan Y, and it is necessary to purchase funds from the victim in order to purchase 80 prices of container shower 80 prices at the time of container shower and to expand leasing business by purchasing them additionally.

additional investments are made earlier.