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(영문) 인천지방법원 2014.04.30 2013고단7852

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in real estate brokerage business in C real estate, D real estate, etc. located in the Incheon Songdo City.

In fact, the Defendant had been liable for KRW 1 billion, and it was difficult for the victims to repay money from the victims even if they borrowed money from other persons in order to pay the investment proceeds, and thus, it was difficult for them to repay the money in time. Although there was no intention or ability to purchase unsold officetels sold in the Scco Construction, the Defendant was able to obtain money from the victims who came to know at a golf club called “E” to acquire money under the pretext of investment in officetels unsold in lots.

1. Around August 16, 2011, the Defendant made a false statement to the H indoor golf driving range operated by the victim G (n, 50 years of age) in Yeonsu-gu Incheon Metropolitan City, stating that “The Defendant may receive a large amount of profit from receiving 30% (DC) of the remainder of the officetel unsold in lots in the dispatching city from the Si Construction to receive 30% of the selling price from the Si Construction. If the Defendant is unable to dispose of it within one month, he/she will receive part of the profit. If the Defendant did not dispose of it within one month, he/she would put the remainder into the scco construction as the security deposit by 10% of the selling price.”

Therefore, it was obtained from the victim, namely, KRW 30 million, KRW 30 million from the victim, KRW 30 million around September 20, 201, and KRW 30 million around March 23, 2012, and acquired by fraud from the victim.

2. Around August 22, 2011, the Defendant, at a semiconductor equipment manufacturer’s office operated by the victim I (Nam, 50 years of age) in the Gyeonggi-do, concluded a false statement that “after having received and sold an unsold officetel emitted from Songdo, the Defendant would be able to sell it to the victim and make profits from it, excluding real estate brokerage fees.”

Therefore, it is from the victim, that is, KRW 30 million from the victim, KRW 60 million from September 26, 201, and KRW 1,000 from November 201.