사기
A defendant shall be punished by imprisonment for not less than eight months.
All of the applicants' applications for compensation are dismissed.
The facts charged of this case.
Punishment of the crime
The defendant is the representative director of E Co., Ltd. who mainly engages in real estate development business.
around May 2015, the Defendant, “2016 Highest 2631, the Defendant, at the office of the second-class E company located in the building F in the petition-gu, Cheongju-si, Cheongju-si, and the husband of the victim G and G, “The husband of the victim G and the G, who is specialized in selling and selling the land worth investment in the Gangnam-si, will be a good opportunity.
Since Jin-si I, Inc. E, purchased 100 square meters among them in KRW 150,000,000, it will be divided to transfer ownership.
The phrase "it will be able to gain profit from the increase of land price".
However, at the time, the Defendant and E did not own or purchase I real estate at the time, and the owner of the above real estate expressed his intention not to sell the real estate due to price problems, etc., and due to the shortage of funds to purchase the above real estate, even if they concluded a sales contract with the victim and received the payment, they did not have the intent or ability to transfer the ownership of the above real estate normally to the victim.
On June 1, 2015, the Defendant: (a) concluded a sales contract with the victim by deceiving the victim; (b) concluded with the victim that he/she would sell I forest land to his/herJ at the above office; and (c) received KRW 7 million from the victim to the K account under the name of E, Co., Ltd. for the same day as the down payment; and (d) received KRW 75 million in total as part payment around June 12, 2015 and received KRW 82 million from the victim as part payment.
The fact of "2017 Highest 518" was that the defendant and E were not owned or purchased at the time of medical operation, and due to lack of funds to purchase the above real estate, there was no intention or ability to normally transfer the ownership of the above real estate to the victims even if they were to enter into a sales contract with the victims and receive the payment.
1.(a)