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(영문) 수원지방법원 2019.08.20 2018고단7534

사기

Text

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

Reasons

Punishment of the crime

[Criminal Power] On September 23, 2016, the Defendant was sentenced to the suspended sentence of two years and six months in Seoul High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), and the judgment was finalized on October 1, 201

【Criminal Facts】

The Defendant, at around April 30, 2010, established and operated the (State)B and carried out the D Free Warehouse Logistics Center development project (hereinafter “instant development project”), but due to the lack of funds, purchased only part of the said land and embezzled 90 million won of the said company’s funds around May 2010, and sold the said D land to another person and repaid it around March 2013, by falsely concluding that he/she would borrow KRW 300 million from E to borrow money, and thereafter, the Defendant did not have the ability to normally carry out D development project since he/she did not have any personal property or revenue, or was instructed to pay for the existing debt, and the Defendant did not normally carry out D development project.

Nevertheless, around January 26, 2015, the Defendant prepared to establish H as the president of the D Development Project, which is in progress in Jinsa City C, to the victim G, the representative of the (ju) C in the coffee shop near Sung-gu, Sungnam-si. The Defendant first loaned KRW 150 million to the operator of the D Development Project, and first, if the funds for initial operation are insufficient, it would allow F to receive 1/2 of the D Development Project. Since the total scale of civil engineering works exceeds KRW 30 billion, the amount of 15 billion will be ordered by F to receive 30 billion civil engineering works and the return on profit will be 30%. On March 2015, 200, the Defendant established H to proceed with the project by winning in the preliminary injunction lawsuit that is in progress on March 20, 2015, and concluded a contract for the construction work and made a loan contract with the Corporation immediately, thereby allowing F to receive 1/2 of the costs from the victim.