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(영문) 대전지방법원 서산지원 2020.01.08 2019고단647
사기
Text

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

Reasons

Punishment of the crime

B is the president of the Dispute Resolution Co., Ltd. established for the purpose of business management consultation, management consultation, etc. (hereinafter referred to as the “instant company”), and D was a person who actually operated the said company, and D was a person who was in full charge of the said company and became aware of the victim F through introduction with the Defendant and E.

Around August 5, 2014, the Defendant, along with B, D, and E, proposed that “C is a real estate development company, and the Defendant’s representative, B, D, D’s president, and Changwon-si I invest KRW 350,000,000 in the instant project, and immediately return the investment principal if the Defendant failed to obtain the project site,” while presenting a project plan prepared in the name of the instant company and soliciting the Defendant to invest in the instant project, and soliciting the Defendant, D, and E to make investments in the instant project by doing so.

However, the Defendant and B, D, and E did not have any real estate enforcement experience and qualification, and there was no funds to purchase the instant project site, and the instant project site was already purchased by the company of the LAB on December 30, 2013 and trusted to K trust company on March 26, 2014, and even if the Defendant and B, D, and E received money from the victim as investment money, they did not intend to use it as general expenses of the instant company and did not have any intent or ability to implement the instant project.

Nevertheless, the Defendant, in collusion with B, D, and E, by deceiving the victim as above, and by deceiving it from the victim on August 14, 2014, remitted KRW 349,050,850 to the national bank account in the name of the instant company.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement of E, B, and D.

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