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(영문) 부산지방법원 동부지원 2019.08.21 2019고단613

사기

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

【Defendant A, on April 3, 2015, was sentenced to one year’s imprisonment for a crime of fraud at the Ulsan District Court, and on December 17, 2015, the execution of the sentence was completed in the third prison of the North Korean defectors.

【Criminal Facts】

1. The Defendants, while carrying out the projects to create D housing sites in Yangsan City, conspired to sell the land allotted by the authorities in recompense for development outlay to victims E with awareness that it was not possible to sell the land due to the lack of approval from Yangsan-si to sell the land to the authorities in recompense for development recompense for development outlay.

At around 14:10 on June 2, 2016, according to the aforementioned public offering, the Defendants concluded a sales contract with the victims of land secured for the recompense of development outlay in the G Office located in Kimhae-si, Kim Jong-si, with the following false words: “The Defendants received the land secured by the recompense of development outlay H. The land secured by the recompense of development recompense H. was also issued. It was originally required to sell money to KRW 1.9 million on the basis of the market price of KRW 3 million. It is urgently required that money would be sold at KRW 1.9 million on the average of the market price.”

However, in fact, the Defendants failed to obtain permission to complete the construction of a group of D housing site development projects in Yangsan City, and failed to obtain approval for sale of land allotted by the authorities in recompense for development outlay, so even if the purchase price is paid from the victims, they did not have the intent or ability to sell the land allotted by the victims

The Defendants conspired to induce the victim as such, and then acquired 50 million won from the Busan Bank account (Account Number: I) in the name of the Defendant B for the same day as the down payment, and 50 million won in total from the Defendant A’s account under the name of the intermediate payment on June 10, 2016.

2. Defendant A

A. On June 23, 2016, the Defendant made a false statement to the effect that “The Defendant would repay to the said victim within five (5) days if he/she borrowed money, as the design cost for the K Building in the Gyeongnam Kim Jong-si, Kim Jong-si.”

However, it is true.