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(영문) 서울남부지방법원 2014.12.17 2014고단306
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

"2014 Highest 306"

1. On September 2010, the Defendant made a false statement to the effect that “If he invests KRW 50 million in the Gyeongnam Industrial Complex development project promoted in Korea, he/she would immediately promote the project and repay KRW 150 million as investment principal and dividend, until March 2011.”

However, at the time, the Defendant did not have the right to create the Gyeongcheon Industrial Complex, or did not specifically implement the business, so it was thought that the Defendant purchased a vehicle or used it as the cost of living, instead of investing the money received from the victim to the said business, and there was no intention or ability to repay the principal of the investment and the dividend as promised to the victim because there was no variable revenue or property.

On September 30, 2010, the Defendant received KRW 50 million from the victim as investment in the project for creating the Gyeongnam Industrial Complex at the same place as the victim around September 30, 201, and acquired it by fraud.

2. On December 201, the Defendant made a false statement to the effect that “If the Defendant purchased a private teaching institute site in Seocho-gu Seoul Metropolitan Government and sold an apartment building with 400 households, he/she would repay KRW 260 million including the money borrowed at a time from June 2012 to June 201.”

However, at the time, the Defendant did not carry out the apartment construction implementation project in E, so there was no intention to use the money received from the victim for the apartment construction implementation project, and there was no intention or ability to pay the borrowed money properly as agreed to the victim because there was no variable revenue or property.

The defendant belongs to this.

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