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(영문) 서울중앙지방법원 2018.12.12 2018고합455
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

The request of the applicant for compensation shall be dismissed.

Reasons

Public Prosecutor's Office

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud);

A. The Defendant and C, around January 2014, have established and promoted the project to develop tourist destinations, including theme park, in Vietnam, and around September 2014, the Defendant and C, together with C, are one of the U.S. tourist destinations in Vietnam, with C around the said D. Around September 2014. Around September 2014, the Defendant leased a hotel in Vietnam as a tourist destination and promoted the project to attract Korean tourists by developing the surrounding area as a tourist destination.

C was known to it since January 2014.

With the introduction of F, the victim B, who is the dynamics of F, proposed to make an investment in the temc development project promoted by the F, with the purport that “I will distribute the corresponding shares and divide profits if I make an investment, while I make an investment in the temc development project jointly with G, H in the present H area.” The victim will make an investment in the projects of C.

Around that time of the defect, Vietnam's Republic of Korea established the D in order to promote the Telecommunications Development Project at Si.

However, C had no property, and D had difficulty in promoting themec development project because it had no funds. However, the victim transferred approximately KRW 350 million from January 2014 to August 2014 to C as investment deposit. Since the received investment deposit, C was only used in most places unrelated to the development project, such as personal living expenses, etc., and there was no actual progress of themec development project.

Around September 2014, the Defendant, as the proposal of C, was employed as the representative of the travel business part by combining C with the above D, and the Defendant and C, as a result, leased a hotel in Vietnam E to the injured party and make a remodeling. The site surrounding it was additionally leased, and then, the Defendant and C are Korea as a restaurant and a vacation on that day.

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