beta
(영문) 수원지방법원 2013.08.23 2013고단603

사기

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

The Defendant is a person who actually operated G Co., Ltd. (hereinafter referred to as “G”), a planning real estate sales agent business company in Chuncheon City F from December 2009.

On March 30, 2010, the Defendant, an operator of H (hereinafter “H”), a planning real estate business entity, entered into an agreement with the Plaintiff for the sale of the instant real estate on the sale of the instant real estate, with an amount of approximately 35% of the sale price for the forest land on the land outside J and six lots (hereinafter “instant real estate”).

On October 16, 2010, the Defendant made a false statement that “The instant real estate was contracted before a several year and was entirely registered, purchased this land by bringing KRW 35.5 billion,” and “The main road construction is to be executed within one year, for which the permission is obtained by dividing it into three occasions, for which three months is entered,” and “B deals with all of the authorization issues while managing the assets of the president (hereinafter “I”) by a person with a certified architect qualification.”

However, in fact, the Defendant was aware that the instant real estate did not have access to the land, and that the said I did not purchase L, and M among the site for the electric source housing business, and that the total purchase price of the instant real estate was 3.6 billion won but was not 3.5 billion won as if he sold at low-price. The total area of the instant real estate was 150,000 square meters and exceeds the standard for the area of the site for the permission of development activities under the National Land Planning and Utilization Act, and thus, there was no intention or ability to perform the administrative procedures, etc. for land division and development activities necessary to develop the instant real estate as the electric source housing site.

Nevertheless, the Defendant made a false statement to the Victim K as above.