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(영문) 청주지방법원 2017.06.09 2016고합196

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A Imprisonment for seven years, and Defendant B shall be punished by a fine of two million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

" 2016 Gohap 196"

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and victim J;

A. On December 2014, the Defendant made a false statement at L Authorized Brokerage Office located in the Yeongdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, that “The Defendant has more than 10 right to sell Pyeongtaek apartment units, and if so, purchased it.”

However, even if the Defendant received money from the injured party, it was thought that it would be used as studio construction costs. Since personal debt amounting to KRW 800 million at the time, there was no intention or ability to sell the sale right as above.

Defendant deceiving the victim as above and was granted KRW 145,840,000 in total on eight occasions from December 5, 2014 to March 17, 2015, for the purpose of purchasing the right to sell from the victim.

B. On December 2, 2014, the Defendant stated that “The full-time deposit was KRW 120,360,000,000,000,000,000,000 won, and the full-time deposit and real estate fees were added to KRW 120,360,00,000, to the victim at the above LA brokerage office.”

However, even if the Defendant received money from the injured party, it was thought that it was used as studio construction costs. At the time, the personal debt was equivalent to KRW 800 million, and the lessor was delegated the authority to conclude a monthly rent contract with respect to the above 1002, so there was no intention or ability to conclude a rent contract as above.

The Defendant, as seen above, was informed of KRW 120,360,000 in total on three occasions from December 18, 2014 to February 17, 2015 by deceiving the victim, and thus, was delivered from the victim to the victim.

(c)

On December 2014, the Defendant made a false statement at the above LA brokerage office stating that “The Defendant would have obtained the winning of the PP Q Q Q Q block unit sale right, and purchase it.”

However, the defendant is in fact injured.