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(영문) 서울동부지방법원 2012.10.12 2012고정1869
사기
Text

Defendant

Punishments against A shall be KRW 1,00,000, and penalties against Defendant B and C shall be KRW 500,000, respectively.

Reasons

Punishment of the crime

On May 24, 2012, the Defendant was sentenced to two years and six months to a crime of fraud and a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission at the Seoul Eastern District Court on May 24, 201, and the Defendant B and C are currently pending in the appellate trial. The Defendant B and C are sentenced to one year of imprisonment with labor and two years of suspended execution for each crime under the same Act on the same day, and are confirmed on June 1,

Defendant

A is a person who has established (State)D for the purpose of creating a penta and actually operated the said company. Defendant C is a general secretary of the said company, who has been in charge of the overall financing of the company, and Defendant B is a person at the site of the penta Corporation.

D did not own a site of 30,00 square meters, and it was the form of making a penty construction without any particular fund, and making an investment from the victim as a repayment of the principal and interest of the investment, and thus, it was a structure of making it impossible to repay the investment without any continuous funding. Therefore, there was no intent or ability to pay the principal and interest of the investment to the victim at once or 10% of the annual income.

Nevertheless, at around October 29, 2008, the Defendants conspiredd with the victim F and G to conduct a business of building up to 30,000 square meters of the land located at H H in Gangseo-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) on the 17th floor of the building, and acquired money from the victims after concluding an investment contract in the name of the victim F and I under the name of the victim F’s son, with the intent that “If money is deposited in the above pent-gun Construction, the principal of the investment will be guaranteed within six months to 12 months, and 2% interest shall be paid per month for the investment amount, and if the pent-gun is sold, 10% interest per month shall be paid per month.”

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