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A defendant shall be punished by imprisonment for two years.
The defendant pays 28,00,000 won to the applicant AZ.
Reasons
Punishment of the crime
[criminal records] On January 29, 2016, the Defendant was sentenced to the suspension of the execution of two years for fraud at the Jung-gu District Court, which was sentenced to the suspension of the execution of two years for fraud. On December 15, 2016, the above judgment was finalized. On March 29, 2018, the Seoul Eastern District Court was sentenced to six months of imprisonment for fraud, and the above judgment became final and conclusive on October 17, 2018.
[2018 Highest 39] The Defendant planned to recruit investors by publicizing the following to the effect that the Defendant was the actual operator of D Co., Ltd. (hereinafter referred to as “D”) established for the purpose of real estate development business with the head office located in B B B in Gwangjin-gu Seoul Special Metropolitan City (hereinafter referred to as “State”) from June 2014, by means of daily newspapers advertisement, request for sale agency, etc., “to guarantee the profits of investors as a plan to construct large-scale cooking in the Philippines.”
On December 24, 2014, the Defendant had already completed the construction contract with G and responsible construction contract in Seoul, Gangnam-gu office (ju) D, and the victim AY (58 tax) had land amounting to 40,000,000 won in land price at the Switzerland C, and the victim AY (58 tax) had already completed the construction of large-scale cooking and sales contract.
The purport was that when investing KRW 28 million in the old account, an allowance of KRW 700,000 shall be paid every month and the principal shall be returned after one year.
However, in fact, the Defendant was working as a restaurant employee as the failure of the business of movable property in the 2010-ced group, and the Defendant recruited investors by using the land of the said Philippines that had already been failed in the construction and sale business, and then, at the time, there was no fund yet to cover only the amount of the cryp construction cost, but there was no fund that is anticipated to cover only the amount of the cryp construction cost. If the Defendant paid the expenses for the office operation, investment solicitation (25% of the investment fund) and the expenses for the investors with the investment funds, then the funds that can be actually used for the cryp construction cost would almost remain. Thus, even if the investors received the investment funds from the investors, it was enormous by constructing and selling the cryp construction according to the agreement.