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(영문) 수원지방법원 여주지원 2016.02.02 2014고단306

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.

Each of the applicants for a remedy order;

Reasons

Punishment of the crime

[criminal record] On July 19, 2013, Defendant A was sentenced to five years of imprisonment by the Seoul High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on October 31, 2013, and the judgment became final and conclusive on October 31, 2013. Defendant B was sentenced to four years of suspended sentence for three years of imprisonment with prison labor for the same crime in the Sungnam branch of Suwon branch of Suwon branch of Suwon branch of February 7, 2013 and the judgment became final and conclusive on October 31, 2013.

[2014 Highest 306] Defendant A was a person who served as the representative director of P for the purpose of real estate development business, etc.; Defendant B was a person who served as the vice president of the above company; Defendant A instructed Defendant B to acquire money by deceiving investors as being able to develop it into a housing site even though it was an area where development is impossible or has no intention to develop; Defendant A was capable of developing it into a housing site; and Defendant B recruited investors in accordance with the direction of Defendant A.

Defendant

B around May 11, 2009, the P office located in Sung-gu Q building 601 in Seongbuk-gu, Sungnam-si, Seoul Metropolitan City, intended to develop the victims R to "Y-si Si Si Si Sim-si Skwan in Korea."

Since the ownership of the land to be used as access roads such as T has already been secured, it is possible to establish access roads, and there is a lot of profit-making in the register area of Sungnam city, which has been developed around, and if this area is sold in lots, other areas which are not easy to trade as the problem of permission of the competent authorities is resolved.

“A false statement was made to the effect that it was “.”

However, at the time of fact, the Defendants did not have secured the ownership of land, such as Samsi-si T, and as stated above, the complainant did not have the intent or ability to open access roads or to engage in development activities by securing the ownership of the land, such as T, as stated above. At the time, P did not pay damages to P due to the situation where it did not make any profit in excess of its obligations.