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(영문) 제주지방법원 2019.10.10 2018고단2009

사기등

Text

Defendant

A Imprisonment with prison labor for two years, and for six months, for each of the defendants B.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

The Defendants of the 2018 Highest 2009 are those who operated the E Licensed Real Estate Agent Office as a business.

On September 18, 2017, at the E Licensed Real Estate Agent Office located in Seopopo City F, the Defendants: (a) purchased, developed, and sold the instant land (hereinafter “the instant land”) 4,378 square meters, and 3,288 square meters, both of which are located outside Jeju City, Jeju-si, and J 1,615 square meters; and (b) Defendant B prepared and executed an investment agreement with the victim C as above, stating that “When investing KRW 100,000,000,000,000,000 square meters (hereinafter “the instant land”); and (c) Defendant B would pay the principal of the investment and profits at the investment rate, excluding all the expenses.”

However, the Defendants did not have sufficient means to prepare five billion won, such as the purchase price of the instant land, development costs, etc., and so on, and purchased, developed, and sold the instant land by themselves, and did not have the ability to pay the principal of investment or profits therefrom to the victims. However, it was unclear whether Defendant A could normally develop the instant land in a state where only the down payment was lent to K and L on September 2017, without finding an investor.

Nevertheless, as the Defendants could purchase the instant land and promote business as seen above, they deceiving the victim and received from the victim to the M’s account in the name of M used by the Defendant as investment money, and received the total amount of KRW 50 million on September 30, 2017, and KRW 100 million on October 4, 2017, as well as KRW 100 million from the said account.

"2018 Highest 2919": Defendant A is a person who has operated E Licensed Real Estate Agent in F in Seopo-si, Seopo-si as B and Dong.

1. Around August 2017, the Defendant was the defrauded’s N, etc., on the 13rd parcel of land, including O, J, P, Q, R, R, I, T, U, V, G, G,Y, and hereinafter referred to as “the third parcel of land”).

purchase in the aggregate of 6.3 billion won.