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(영문) 수원지방법원 성남지원 2015.04.09 2012고합80 (1)
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant and co-defendant C conspired to acquire money by putting investors in the business of selling pents by establishing a corporation between husband and wife.

Accordingly, the Defendant and C established D Co., Ltd. (hereinafter “D”) on January 22, 2007 and recruited investors for the business of selling pension units located in Gangseo-gun N, Gangwon-do. On March 27, 2008, the Defendant and C made a promise to sell and purchase land and 12 rooms of the land and 4 above-ground G gate building (hereinafter “Seoul Island”), and made advertisements related to the sale of pension units in South Island, and then introduced B, the victim, who is an tegian business entity, through the employees’O.

C On July 20, 2008, at the D office located on the fourth floor of the Yeongdeungpo-gu Seoul Metropolitan Government building E-building, the victim made a false statement to the effect that “The victim will have a penture on the remaining islands, etc. as of the gold, and will create and sell a sales team. At the time of receiving money, the purchaser will particularly make 50% of the principal interest interest to the victim only after six months after receiving the money.”

However, the fact was that H Co., Ltd. completed the registration of ownership preservation on November 21, 2007, and the Defendant and C transferred ownership registration to I on November 21, 2007. At the time when the Defendant and C received the above money from the victim, the creditors of H Co., Ltd filed a lawsuit seeking revocation of the fraudulent act on November 21, 2007. At the time when the Defendant and C received the above money from the victim, the dispute was underway by filing a lawsuit seeking revocation of the fraudulent act. The sum of the maximum debt amount of the right to collateral security established in the Southern Island Gpent of South Island exceeded 3.3 billion won, and the Defendant and C succeeded to the debt amount of KRW 1.65 billion in total.

In addition, in order to sell the G pension of South Island at the time, about KRW 400 million construction cost is required.

However, at the time, the defendant and C did not have any property under their name, and D had no sales performance.

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