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(영문) 수원지방법원 2019.02.14 2018고합181
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

Some of the facts charged were revised according to facts acknowledged through the examination of evidence to the extent that it does not disadvantage the defendant's exercise of his/her right to defense.

On February 28, 2017, the Defendant is a person who was sentenced to imprisonment with prison labor for eight months and two years for the crime No. 2 (Crime of Fraud around November 2014) as indicated in the Seoul Southern District Court’s Decision (Crime of Fraud around September 2012) and the judgment became final and conclusive on July 15, 2017, and C is the actual representative of BB, and C is a person who owns 20% of the company’s shares and was engaged in the business with the Defendant.

In order to find investors to invest funds to construct freezing storage in the land located in Ansan-si, the Defendant and C were willing to receive investment from the victim E who has a friendly relationship with C while negotiating the investment amount, conditions of investment, equity conditions for investment, etc. on the said land. On June 26, 2012, the Defendant and C conspiredd to conceal investment by hiding the said land with F for the purchase price of KRW 2.5 billion, even though the construction was commenced after concluding a real estate sales contract with F for the said land, it was impossible to fully pay the intermediate payment and the balance, except for the payment of the down payment of KRW 100 million, and thus, the construction was suspended at the request of F for the land owner on November 2012 and the real estate sales contract was terminated, and thus, the said frozen warehouse was not capable of constructing the said frozen warehouse.

As agreed with the Defendant, C, in the office of the victim in Songpa-gu Seoul Haman on April 2014, 2014, concluded a contract deposit with the victim by entering into a site sales contract to install a freezing warehouse on D’s land at the time of Gyeonggi-gu, Songpa-gu, Seoul, and the contractor would complete the construction by inserting the construction cost of KRW 2 billion upon the remainder of KRW 500 million.

(B) return the principal of the investment to January 2015, which is nine months after the date of each State, and 40% of the equity interest of the StateB;

monthly profit may be received at least KRW 30 million, if the estimated monthly profit is KRW 90 million;

A. A.

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