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(영문) 대전지방법원 2017.06.15 2016고단1521

사기등

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1. (a) Defendant A: (a) 4 months of imprisonment with prison labor for any of the crimes set forth in the first sentence of 1521 set forth in the judgment of Defendant A; and (b) 2 years of the second order of 2016 set forth in the judgment of Defendant A;

Reasons

Punishment of the crime

[Criminal Experience] On March 13, 2013, Defendant A was sentenced to imprisonment with prison labor for a violation of the Housing Act at Daejeon District Court on the same day, and the said judgment became final and conclusive on the same day, and completed the execution of the sentence at Daejeon Prison on May 13, 2013.

[2016 Highest 1521 [Defendant A and H] (Defendant A and Defendant A) operated “AK Real Estate” in 101 of the three-type AJ apartment commercial buildings around 2012, and F in 3-type AL L-101 from June 19, 2013.

Defendant

AH, as the birth of Defendant A, worked together with the above AK real estate.

1. Joint crimes committed by Defendant A and H;

A. On February 27, 2012, the Defendants made a false statement to the effect that “AK real estate office located in the Sejong AJ,” and that “The victim AM ( South and 49 years old), one of the three first apartment complexes in the Sejong-si village 2 complex, has been in the Frist KRW 35 million, and deposit KRW 21 million with the Frist KRW 35 million and the lease deposit amount.” On the other hand, the Defendants made a false statement to the effect that “The victim would have the victim receive at least KRW 40 million,000,000 from the sale within six months at the latest.”

However, the Defendants did not have expertise in the resale of real estate or the right of sale, and even if they received money from the injured party, they did not have the intent or ability to pay the principal and the profits within six months.

In collusion, the Defendants: (a) by deceiving the victim on February 27, 2012; (b) obtained the transfer of KRW 16.5 million to the bank account (AO); (c) KRW 20 million to the same account on March 16, 2012; and (d) KRW 30 million to the same account on March 19, 2012; and (c) obtained the transfer of KRW 39.5 million to the same account on March 19, 2012.

B. On March 13, 2012, at the above AK real estate office, the Defendants made a false statement to the effect that “The above victims AM obtained three winning tickets of M-Lease Apartments sold in Sejong City, and deposited KRW 12 million per bond, if paid in KRW 12 million, the Defendants would return high profits from resale within six months at the latest.”

However, in fact, the Defendants are real estate or the right of sale.