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(영문) 대전지방법원 서산지원 2017.06.16 2017고단190
사기
Text

Defendant

A Imprisonment for one year, and each of the defendants B and C shall be punished by imprisonment for one year and six months.

(2) the date of this judgment.

Reasons

Punishment of the crime

1. Defendants B’ joint crime committed as the president of G Co., Ltd. (hereinafter “instant company”) established for the purpose of business management consultation, business management consultation, etc., and Defendant C was a person who actually operated the said company, and Defendant C was aware of the victim I through H and Defendant A’s introduction.

around August 5, 2014, the Defendants stated that “A is a real estate development company G, Defendant B’s president, Defendant C, and Defendant H made an investment in the instant project (hereinafter “instant project”) with H, and that “A shall make an investment of KRW 350,00,000 in the instant project within 12 months, and immediately return the principal of the investment if the project was failed to obtain the land for the instant project,” while Defendant C, and H recommended the investment in the instant project by presenting the project plan formulated in the name of the instant company by Defendant B, the representative of H, Defendant C, Defendant C, and the victim of the instant project.”

However, the Defendants did not have any real estate enforcement experience and qualification, and there was no fund to purchase the instant project site, and the instant project site was already purchased on December 30, 2013 and was entrusted to M trust company on March 26, 2014, and even if the Defendants received money from damaged persons as investment money, they thought that they would use it as general expenses of the instant company, and did not have any intention or ability to implement the instant project.

Nevertheless, on August 14, 2014, the Defendants conspired with H to deception the victim, and thus, transferred KRW 349,050,850 to the national bank account in the name of the instant company on August 14, 2014.

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