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(영문) 춘천지방법원 강릉지원 2018.10.26 2018고단505

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On August 24, 2016, the Defendant presented a land transaction contract held by F to E, the actual manager of the victim corporation D, which was changed to the purport that the facts charged was changed from E to D, from the third trial date, to the date of the third trial on August 24, 2016, and the Defendant was scheduled to implement the regional housing association project in Gangnam-si G, and the land contract for the project site was completed by 92%.

The State made an investment to open a model license, recruit its members, refund the principal of the investment within five months from the date of the open market, and distribute 50% of the profit within two years, and to invest funds necessary for the down payment of land and the cost of authorization and permission.

However, in fact, the Defendant: (a) prepared the land sale contract that the Defendant was the Defendant F from F paid 10% of the purchase price of the land to the land owners in the year 2005; (b) the sale price of the land increased considerably; and (c) the seller did not have any intent to sell the land at the price specified in the contract; (d) at the time, the Defendant was in a situation where it is practically impossible to conduct the business due to the fact that there was no sufficient means to implement the business, such as bearing a large amount of debt and paying wages, etc.; and (e) the Defendant was in a situation where it was impossible to pay the principal of the investment and the profit to the victims, even if he did not intend to use the money as the funds for the implementation of the business,

Nevertheless, as seen earlier, the Defendant: (a) deceptioned the Victim D, the actual manager of the Victim D Co., Ltd.; and (b) deceiving the victim, on August 24, 2016, KRW 150 million with the H bank account under C’s name; (c) KRW 50 million with the same account on September 2, 2016; (d) KRW 100 million with the same account on September 12, 2016; and (e) KRW 100 million with the same account on September 22, 2016; and (e) September 2, 2016 with the same account on September 22, 2016.