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(영문) 광주지방법원 2012.11.28 2012고합495
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

1. Defendant A shall be punished by imprisonment with prison labor for five years.

2. Defendant B shall be punished by imprisonment for not less than two years and six months.

3...

Reasons

Punishment of the crime

Defendant A is the representative director of H, a planning real estate company, and Defendant B is the head of the above company, the managing director, or the vice president of the above company, who has overall control over the sales of land and the solicitation of investors. Defendant C is the head of the above company, and Defendant C is the head of the business office of the above company, and Defendant D is the person working for the business affairs of the above company.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by Defendants A and B;

A. The fact that the Defendants acquired investment money does not have any ability to mobilize funds to the Defendants even though they were invested in the investment title for the development of the first group of YY-gun I, Jung-gun, and the said development plan could have been carried out only by dividing the above-mentioned land at a low price or continuously receiving an investment under the same name. Therefore, it was impossible to realize a considerable amount of profit within a short period to the extent that they would have been able to pay the investment profit agreed upon to investors. Ultimately, there was no need to operate a business by preventing the return of the investment profit to the existing investors only by receiving an investment from other investors. Therefore, even if the money was received from an unspecified number of investors, there was no ability or intent to pay interest equivalent to the investment profit or return the principal.

On February 11, 2010, the Defendants, at the H Office, located in the Dong-gu Seoul Special Metropolitan CityJ, concluded on February 11, 2010, that “The Defendant shall raise the funds to be developed in order to sell 1,50,000 won per ordinary day by developing the 150,000 square meters of I forest land in the Jeonnam-gun Special Metropolitan City, where the Space Aviation Center is located, as a youth hostel, artist village, hanok village, Korean house village, panty village, commercial building, etc., and received a delivery from the said K as an investment deposit.”

In addition, Defendant A is a list of crimes in attached Form A.

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