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(영문) 대전지방법원 2017.02.15 2015고단2661

사기

Text

1. Defendant B is punished by imprisonment with prison labor for four years.

Defendant

B The amount of 447,292,000 won shall be obtained by deceiving the applicant for compensation.

Reasons

Punishment of the crime

The Defendant is a person who actually operates K, a corporation established for the purpose of real estate development, trade, etc., and A is a person who actually operates M architect office in Daejeon Jung-gu L.

1. On December 10, 2013, the Defendant related to the purchase and sale contract for the three block block block block apartment buildings stated to the effect that “The Defendant, at the above M architect office around December 10, 2013, was the victim F, would have been implementing the development of the K NN apartment complex of this K, and would have a lot of profits, would have a lot of 1/2 shares on the 600 square meters of the commercial building in that apartment complex, and the remaining gold would have to be additionally consulted after selling the apartment complex, and would have to be 50 million won as the down payment.”

However, in fact, on February 28, 2013, K operated by the Defendant lost the status of a person subject to preferential bargaining from the Busan Savings Bank’s bankruptcy administrator, which developed the said housing complex, and there was no right to develop the said NE apartment complex, and it was impossible to implement the said NE-related construction within a rapid time since it was impossible to secure necessary rights such as land purchase, so even if receiving money from the injured party, it did not have the intent or ability to sell the said building.

The defendant, together with A who is aware of the fact, by deceiving the victim as above, and by receiving 50 million won from the victim to the national bank account in the name of A on the same day.

2. On January 13, 2014, the Defendant concluded that “The Defendant, in relation to the NN District Sales Agreement, sold the NN District Housing KRW 3,077 units of housing to the victim F with the right of vicarious sale (right of vicarious sale) for the 3,077 units of housing in the NN District KRW 200,000,000 per one household, paid 20% of the funds when entering into a contract, and the remainder shall be settled according to the result of sale.”

However, in fact, the defendant is the above N.N.