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(영문) 수원지방법원 2018.10.12 2018고합34
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Defendant is the actual operator of Company B, and his father is the person who registered as the director and manager of Company D Co., Ltd. as the actual operator and has promoted some projects.

B. On January 1, 2010 through March 2, 2010, the Defendant promoted the “F reconstruction project” under the name of “F reconstruction project”, which is a project for rebuilding and selling containers on the land, etc. of Gangnam-si, Gangnam-si, and as a result, G purchased land from approximately KRW 2.4 billion in total costs related to the purchase of the land, including approximately KRW 16.5 billion in construction costs, and gains approximately KRW 15.3 billion in sale by constructing a new container.

Since land can be purchased immediately, if one billion won is prepared for land purchase fund, the construction work may commence immediately after the purchase of land, and after the loan of land security, it may be used as repayment of investment and construction cost with the loan of land security, and the investment profits may be distributed when the construction work is completed.

In explaining the project plan with the content that “the investor who can invest the initial fund was asked to find out the investor who could invest in the initial fund,” and through G, the victim H was required to give the above explanation to the victim H to participate in the investor.

On April 21, 2010, the victim invested KRW 1 billion in D office in Suwon-si, Inc., Ltd., I, and pay KRW 2.5 billion in principal and profit, among which, one billion shall be preferentially repaid with land mortgage loans, and the remaining KRW 1.5 billion shall be paid in total five times each month from the point of sale on August 2010.

However, the above business is not only in a situation where the interests of the buyers are complicated and there is no consultation related to the purchase of land, but also in a situation where there is no fact that the permission was obtained from the Gangnam-si and no large-scale funds are prepared, and the defendant has no ability to promote or realize the above business.

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