logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.12.23 2016고합598
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. The Defendant, from the end of November 2005, was a vice president of D (hereinafter “D”) for the purpose of selling real estate by proxy, etc., and was in charge of attracting investment by holding a business explanation meeting against investors. From August 1, 2006, the Defendant was in charge of the same business as the vice president on July 20, 2006, D (E) (hereinafter “E”).

F controlled the activities such as the recruitment of investors and overseas investment by the D representative director.

G managed all of its business operations, such as business briefing sessions, and payment of allowances for investment funds, against directors and investors of E.

D and E are registered as corporations aimed at selling real estate on behalf of others, but the fact was that the business, which is being conducted, was an infinitely similar receiver.

On November 25, 2006, the Defendant left Vietnam for the purpose of avoiding criminal punishment, but returned to Korea on June 4, 2016.

2. Each fraud committed against H and I (2016 highest 598);

A. On August 16, 2006, the Defendant and F, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against H, made a false statement that the victim H would pay 50% of the principal and interest after three months if the victim H borrowed money from E office located in J building in Gangnam-gu Seoul, Seoul.

However, even if the defendant and F borrowed money from the victim, the defendant and F did not have the intent and ability to repay the principal and interest after three months.

In collusion with F, the Defendant received KRW 500 million from the victim, namely, the victim.

H on June 17, 2015, on which the Defendant and F filed a complaint, but the F did not prosecute for the statute of limitations exceeding seven years.

B. On October 24, 2006, the Defendant and G made a false statement to the victim I at the E office located in the fifth floor of the Gangnam-gu Seoul Gangnam-gu Seoul J building, stating that “If the company’s financial standing is difficult to lend KRW 100 million to the victim I, the victim I will repay without molding until November 25, 2006, which was subsequent to the month.”

However, in fact, E is a police investigation by the act of reception without delay.

arrow