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(영문) 서울북부지방법원 2017.06.08 2016고단2733
사기등
Text

Defendant

The sentence of A shall be two years and four months, and the sentence of Defendant B shall be a fine of 3,00,000 won.

shall be subject to a fine;

Reasons

Punishment of the crime

1. Defendant A’s sole crime practically operated L Co., Ltd. (hereinafter “instant company”) established for the purpose of real estate development business on the second floor of the Yeongdeungpo-gu Seoul Metropolitan Government K Building.

The instant company did not have any business entity that may create profits, and the Defendant’s promotion of Vietnam M development project is only a joint investment contract with N company, a local investment company, and it did not have sufficient basic funds of KRW 6 billion necessary for the initial construction of the project.

The Defendant is a bad credit holder, and there is no definitively concluded an investment advisory contract with the OF on loan negotiation, etc., and thus there is no means to raise more than 60 billion won necessary for the progress of the business, etc., and there is no intention or ability to guarantee the principal as promised even if the Defendant received investment money by soliciting investors and receiving the investment money.

The Defendant, on March 2015, entered into a contract with Qacker P in Gwangju, 2016, to provide F with the funds of 60 billion won from PP on December 23, 2014, and to F with the funds of 720,000,000 won in the vicinity of the 720,000 square meters inside the Vietnam Industrial Complex, thereby promoting the new apartment construction work as a residential development project in the area of M industrial complex from the 720,000 square meters near the inside of the Vietnam Industrial Complex.

On August 2015, the development project was completed to the lower police on December 2015 after the commencement of the construction project. This development project does not bear risk (risk burden) and creates profits of KRW 120 billion.

If the M development project shares are invested, the principal shall be guaranteed by 100%, and the 10 times the amount of principal shall be returned to the Police Officer at latest in October 2015, and the 10 times the amount of principal shall be divided from January 2016 to March 2016.

“.......”

F is believed to believe that the horse is, and is an investment share in the development project in question, the amount of KRW 33.5 million around April 10, 2015.

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