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(영문) 청주지방법원 제천지원 2017.11.23 2016고단537
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

All of the applications for compensation of this case are dismissed.

Reasons

Punishment of the crime

[criminal records] On July 25, 2014, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Cheongju District Court, and the judgment became final and conclusive on August 2, 2014.

[Criminal facts]

1. On April 29, 2008, the Defendant entered into a land purchase service contract with E, the representative of D Co., Ltd. (hereinafter “D”) around April 29, 2008, the Defendant agreed to carry out the apartment of a regional housing association at F at the F at E, E, and the Defendant agreed to receive KRW 800,000,000 from E, with the service cost.

Since then, the Defendant received a written consent for land sale from the owners of the above project site, and recruited an investment of several million won from G, H, etc. around May 2009, but the said project site was designated as a restricted zone for development activities around January 21, 2009 at the time of innju.

3. Around April of the same year, the contents of the plan were publicly announced and the district unit plan was established and implemented for residents to read the area of the station, making it practically impossible to build an apartment. Around November of 2009, a cooperative member was not recruited, and an application was not filed for the authorization of establishment of the cooperative or for the authorization of the business from the existing investors, but the return of the investment amount was urged by the existing investors, but the return was not possible.

On November 5, 2009, the Defendant: (a) in an infinite coffee shop located in the wife population at Gi-si on November 5, 2009, there was “a member agreement of the apartment district housing association in Fi-si-si-si-si-si-si-si-si-si-si; (b) the Defendant was 10,000,000 won per head of the bb

When purchasing the 201-200 square meters, a false statement was made to the effect that the 15,000,000 won will be returned to 15,00,000 won per part after three months.

However, the Defendant was urged by G and H to return the investment amount of KRW 50,000 from the previous investors around that time, but the Defendant did not receive any money from the damaged investors and intended to return the investment amount to the existing investors.

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