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(영문) 대전지방법원 2014.01.15 2013고합465
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. A person who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is a person working as the sales team leader of the Daejeon Seo-gu Seoul apartment model.

On March 2, 2013, the Defendant received KRW 15 million from the victim to the post office account in the name of the Defendant (E) around June 16, 2013, from that time, the Defendant received KRW 73 times in total, from that time, the Defendant received KRW 1.69 billion in total, including the principal and the profits, on deposit of KRW 15 million from the victim to the post office account in the name of the Defendant, as shown in the attached list of crimes, by stating that “if an investment is made in the Sejong apartment and commercial building, it shall be paid the principal and profits regardless of the transaction sexual history.”

However, the Defendant invested in the real estate of Sejong Special Self-Governing City with money in return for investments from many people, but since January 2013, the restriction on the resale of real estate and the restriction on the sale of real estate has been strengthened, making it impossible to resell the real estate from around January 2013, and, as a result, receiving demands for the return of investment funds from the existing investors, would make profits available to the victims in order to raise the necessary money. As such, even if the Defendant received the investment funds from the victims, there was no intention or ability to return the principal and profits of the investment.

Accordingly, the defendant deceivings the victim, and he obtained a total of KRW 1.69 billion from the victim, and acquired it by fraud.

2. On June 6, 2013, the Defendant would pay 12 million won in addition to the principal after 20 days from the date of lending KRW 35 million to the victim F.

Then, on June 7, 2013, 35 million won was delivered from the victim to the post office account in the name of the defendant.

However, at the time of fact, the defendant has already been different as described in paragraph (1).

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