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(영문) 의정부지방법원 2017.05.25 2016고단4248

사기

Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A was engaged in investment business that develops real estate and obtains profits from resale, and Defendant B introduced real estate development investors to Defendant A by printing real estate development investors at the request of Defendant A. The victim E resided in the same village as Defendant B and gave Defendant A a real estate development investment amount.

1. Defendant A, upon introducing the victim through the introduction of the victim through Defendant B, at the victim’s house located in the Seoul Hawon Hawon-gun F in spring of 2009, Defendant A would sell the real estate to the victim and pay the funds and profits from the invested source after three years if he/she invests money.

The phrase “ makes a false statement.”

However, the Defendant did not have any basic purchase cost for promoting real estate development projects; however, the Defendant borrowed money from the bond company and could not pay the principal or interest thereof properly. The real estate development project promoted by the Defendant was also difficult for the seller to pay the balance of land to the seller, or due to the transfer of ownership between the parties, provisional attachment, provisional disposition, and civil litigation. The Defendant had no intent or ability to pay the amount of money even if he was to receive the money from the damaged party due to the lack of experience in the operation of the real estate development company as a person engaged in agriculture.

Nevertheless, the Defendant received the total amount of KRW 9,6510,00 from the injured party on June 15, 2009, KRW 2,000,000 on June 17, 2009, and KRW 1,4510,00 on September 18, 2009 as the investment money for real estate development projects.

2. Defendant B, at the above victim’s house on December 8, 2010, invested in A while operating a G restaurant in Seoul.