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(영문) 서울서부지방법원 2016.06.30 2016고합54
특정경제범죄가중처벌등에관한법률위반(사기)
Text

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

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

Reasons

Punishment of the crime

On November 2007, the Defendant: (a) at the F Office of the F Office of Co., Ltd., Ltd., in which the Defendant, located in Nam-gu, Nam-gu, Sinpo-si, Ma, the Defendant, “F Co., Ltd., which is a director in Korea, plans to construct a golf course at the port and create a golf course

If each party makes an investment of KRW 1.5 billion, he/she will purchase a site of JJ at port and construct a golf course.

Upon completion of a golf course, it was false that the golf course will transfer 15% of the shares of each golf course.

However, even if the defendant received money from the victims as the investment money for the development and formation of golf courses, he was only the intent of the defendant to use the money as the payment for bills of KK corporation separately operated by the defendant, and there was no intention or ability to use the money for the development and creation of golf courses.

The Defendant, by deceiving the victims as above, received KRW 250 million from the victim I to the bank account (L) of F Co., Ltd. around November 21, 2007, and received a total of KRW 1.1 billion from the victim G up to March 14, 2008, including the transfer of KRW 250 million to the above account on November 21, 2007, and received a total of KRW 300 million from the victim G up to March 14, 2008, including the transfer of KRW 250 million around November 21, 2007 from the victim G to March 14, 2008, as shown in the list of crimes in the attached Form, and received KRW 1 billion from the victim H over the total of KRW 330 million from the victim H on December 20, 2007 to the above account, as shown in the list of crimes.

Accordingly, the Defendant, by deceiving the victims, received KRW 1.1 billion from the victim I, KRW 1 billion from the victim G, and KRW 1.5 billion from the victim H, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made with respect to M, H, G, and I;

1. Application of Acts and subordinate statutes to a trading statement (F) and a trading statement of Suhyup Bank;

1. Criminal facts;

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