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(영문) 부산지방법원 2017.04.27 2016고단3689
사기
Text

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

Reasons

Punishment of the crime

[Criminal record] On May 26, 2016, the Defendant was sentenced to imprisonment with prison labor and six months at the Busan District Court for fraud, and the judgment became final and conclusive on September 10, 2016.

[Criminal facts] The Defendant is a person who actually runs real estate development business C.

On September 2009, the Defendant stated that “The Defendant would return the profits from the investment upon completion of the hot spring resort development project by paying KRW 50 million to H, who is the head of the association in the site for the development of the set, to the G, a design company related to the development of the set, which is a design company related to the development of the set, in the state of investment, that “the Defendant is preparing for the development of the Friart Friart development in the Gyeongsung-gun Eth, Gosung-gun, G, which is a design company related to the development of the set, shall be paid KRW 100 million at the cost of design,” and that “the Defendant will return the profits from the investment when the construction of the hot spring resort is completed later.”

However, as of April 12, 2009, the above F was invalidated when the designation of a tourist destination was made (in the case of Gyeongnam-do branch, the designation of the tourist destination became effective as of April 12, 2009). In addition, the Defendant and J did not have any intent or ability to return the profits from investment to the victim, since the Defendant and J did not have any intention or ability to return the profits from the investment because it was in a situation where the right to preferentially use the hot spring for the hot spring district was not secured at the time of investment by the damaged party.

As such, the Defendant did not notify the victim of the fact that the designation of a hot spring district and tourist destination was invalidated, which is an essential matter under a contract, and that the Defendant did not notify the victim of the fact that the designation of a hot spring district and tourist destination had no right to use hot spring, thereby making the victim enter into an investment contract by making the victim enter into an error. On November 3, 2009, KRW 150 million on or around November 3, 2009, KRW 30 million on or around the 18th of the same month, KRW 30 million on or around December 31, 201, and KRW 210 million on or around the same year.

Summary of Evidence

1. Statement made by the witness D in the fourth public trial protocol and each statement made by the witness H in the fifth public trial protocol;

1. A written complaint and accompanying documents (1 to 17 a.m. on a net basis);

1. A previous conviction in judgment:

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