특정경제범죄가중처벌등에관한법률위반(사기)등
A person shall be punished by imprisonment with prison labor for not less than six months, and imprisonment with prison labor for not less than one year and six months.
Punishment of the crime
[Criminal Power] On September 4, 2019, the Defendant was sentenced to a suspension of the execution of two years, etc. at the Changwon District Court on six months of imprisonment for fraud, etc., and the said judgment became final and conclusive on September 12, 2019.
【Criminal Facts】
The defendant is a person who implements a housing project and a housing site creation project while operating a partnership plan.
1. Around September 2015, the Defendant: (a) around September 2015, the Defendant: (b) displayed a sales and sales contract for three parcels, including E, in the closed-si Seoul Special Metropolitan City Co., Ltd. (C2); and (c) held that “In order to construct an officetel, the Defendant would have 50 million won of the remainder of the sales and sales contract to be invested in KRW 251,300,000,000 in the face of investment.”
However, in fact, the Defendant could not obtain a loan in the name of the Plaintiff or the Plaintiff as the bad credit holders at the time, and there was no property or income in the name of the Plaintiff, and no about KRW 100 million was prepared for the acquisition tax and registration tax. Therefore, even if the Defendant invested in the remaining money equivalent to the remainder of the sales contract, the Defendant did not have the intent or ability to construct an officetel and transfer the business interest of 50%
Nevertheless, on October 30, 2015, the Defendant: (a) by deceiving the victim; (b) let the victim transfer KRW 135.97 million to F, a mortgagee of the above land; and (c) around October 31, 2015 to G, a seller of the above land, KRW 75.33 million; and (d) KRW 40 million to G, around November 2, 2015.
Accordingly, the defendant, by deceiving the victim, acquired a total of KRW 250 million, 1.3 million pecuniary benefits.
2. Around January 2016, the Defendant: (a) around 2016, at the B office of the Co., Ltd. of the Co., Ltd. Co., Ltd. of the 2016, the Defendant: (b) displayed a sales contract that purchased five parcels from H, such as I, in an smuggling-si; and (c) held that “The Defendant would take part in the construction of an apartment and take part in the construction of an intermediate payment, and would pay 50% of the interest on the loan.”
However, the defendant could not receive a loan in his name or the name of the Bank of Korea, as a credit bad credit holder at the time, and the purchase price of the above land.