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(영문) 수원지방법원 안산지원 2019.06.12 2018고단2219

사기

Text

Defendant

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

Reasons

Punishment of the crime

On November 17, 2017, the Defendants were sentenced to imprisonment with prison labor for six months for fraud in the Suwon District Court's Ansan Branch, and on November 25, 2017, the judgment became final and conclusive.

Defendant

A is the internal director of the Dispute Resolution Co., Ltd. established for the purpose of real estate development business, and the defendant B is the auditor of the above company, and the victim D and the victim E are women who purchase the land from the defendants.

1. On January 4, 2014, the Defendants conspired to sell the land in the office of the Dispute Resolution Co., Ltd., which is located in the Gyeonggi-si F of Gyeonggi-do, and the Defendant A received instructions related to the sale of real estate or a report on the status of concluding a sales contract, and Defendant B said, according to the said instructions, the Defendants stated, “The land will be purchased if there is any Gyeonggi-do G, H, and I forest land, and the land will be purchased.”

However, on February 8, 2013, the Defendants: (a) on February 8, 2013, on the forest land in G, H, I (J, and K division; hereinafter collectively referred to as “L forest”); (b) the right to claim for ownership transfer by a person holding a provisional registration right and the maximum debt amount of N. 294 million won against the mortgagee Co., Ltd.; (c) on the same day, the said G and I forests, despite being aware that the superficies of the person holding a superficies (N), were established, did not notify the said D or the victim thereof; and (d) even if the payment of purchase price was made from the victim due to the difficulties in the operation of the LA from around 2014, the Defendants did not have any intent or ability to cancel the said provisional registration

Nevertheless, as above, the Defendants: (a) by deceiving the said D and the victim; and (b) concluded a sales contract for L forest with the victim; (c) concluded the sales contract from the victim; (d) KRW 10 million with the P account in the name of O on January 4, 2014; (c) KRW 10 million with the P account in the name of the Bank of Bankruptcy Co., Ltd. on March 25, 2014; (d) KRW 10 million with the P account in the name of the Bank of Bankruptcy Co., Ltd. on May 19, 2014; and (e) KRW 10 million with the P account in the name of the Bank of Bankruptcy Co., Ltd. on June 10, 2014; and (e) KRW 35 million with the said O account on September 25, 2014.