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(영문) 부산지방법원 동부지원 2018.12.13 2018고단72

사기

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On November 4, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for embezzlement and two years of suspended execution in Busan District Court’s Dong Branch Branch, and the above judgment became final and conclusive on November 12, 2015.

The Defendant was working as the managing director of the “(State)D”, a planning real estate company in Busan Shipping Daegu building and C.

In collusion with E, the actual representative of the above company E and F, the Defendant sought real estate development data, etc. to search for the real estate development data, etc., and provided education to the employees on the objects of sale and the method of sale, and tried to obtain the purchase price of real estate after concluding a sales contract with the recruited buyers.

At around 16:00 on May 7, 2015, the Defendant, along with E and F, made a false statement to the victim G and the victim H “D” office “A purchased and developed the Ulsan-gun I in Ulsan-si in our company, and the land price increases, so it can reach a lot of profits if purchasing 300 square meters is possible, and the land will be registered as soon as the land is divided.”

However, in fact, the defendant did not properly pay the personnel expenses of the employees from February 2013 due to the business depression, and did not properly prepare the operating expenses of the office due to the failure to return the funds received from the customers, so even if he received the funds from the victims, he did not use the funds for the purchase of forest and fields, and was expected to use the funds as the operating expenses of the office, so there was no intention or ability to transfer the above forest to the victims.

In collusion with E and F, the Defendant, as seen above, by deceiving victims, received from the victims, a total of KRW 169 million around May 8, 2015, and KRW 66 million around the 11th day of the same month, and received KRW 235 million from the victims to the corporate account of the Dispute Resolution Co., Ltd., and acquired them respectively.

Summary of Evidence

1. A protocol concerning the examination of the accused by the prosecution and the police;

1. Each police statement made to G and J;

1. The complaint, the first complaint, and the first suit;