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(영문) 수원지방법원 안산지원 2016.10.06 2016고단2881
사기
Text

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

Reasons

Punishment of the crime

[Criminal Power] On January 8, 2014, the Defendant was sentenced to five years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and a crime of fraud at the Jung-gu District Court, and the judgment became final and conclusive on September 26, 2014.

【Criminal Facts】

The defendant, as the honorary chairperson of the Dispute Resolution Co., Ltd. (the representative E; hereinafter referred to as the "D Co., Ltd."), which manages the C Co., Ltd. (the "F Co., Ltd.") managing the C Co., Ltd., the defendant collected money from the above C Co., Ltd. (the representative G; hereinafter referred to as the "F Co., Ltd.") for the C Co., Ltd., including underground shopping districts managed by D Co., Ltd., and received money from them as subscription money and received money as subscription money.

On March 13, 2006, the Defendant, through I, prepared an offer certificate, receipt, and commercial ground plan to the victim J through I, stating that “The victim J is a new development of the CB underground market. The subject of development is a D company, and there are no large number of business buildings newly developed. As the subject of development is a D company, there are lots of business buildings newly developed, it is selling in lots mainly on the part of the I. At this time, a lot of profits may be earned, and the project will be repaid if the project is not run smoothly.” At this time, the Defendant prepared an offer certificate, receipt, and commercial ground plan.

However, on November 7, 2002, the agreement was concluded between the Korea Railroad Agency and the F Company for the promotion of the project for the C private-private partnership development project, and around November 16, 2004, the basic design for the above private-private partnership was approved, but at the time, the C private-private partnership underground shopping mall sales project was in a state where the permission for occupation was not obtained from the Korea Railroad Facility Corporation, so it was uncertain that the commencement of the sale project was made.

In addition, the defendant had already been promoted from around 2002 the development of the underground shopping malls and failed.

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