beta
(영문) 서울동부지방법원 2017.02.14 2016고단1

사기

Text

Defendants shall be punished by imprisonment with prison labor for one and half years.

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to eight months of imprisonment for fraud at the Seoul Eastern District Court on August 12, 2015, and the judgment became final and conclusive on November 20, 2015.

[] On April 6, 2012, Defendant A, a representative director, established G Co., Ltd., a real estate company planning company as a representative director, and borne the establishment funds of the above company. Defendant B, in accordance with Defendant A’s instruction, planned to jointly operate the above company and sell the real estate to the victims in the absence of the intent or ability to transfer the ownership.

around May 31, 2012, the Defendants: (a) ordered the victim K to enter into a real estate sales contract by making a false statement on the part of the J restaurant located in Chungcheongnam-gu I, Chungcheongnam-gu; (b) “The real estate surrounding the L in Cheongsung-si, which is directly developed as a tourist destination, may increase the land price; and (c) the purchase of the land may take advantage of the land.”

However, at the time, G Co., Ltd. operated by the Defendants did not purchase the above real estate, and as a plan to use the sales price received from the victimized party as expenses for the operation of the company, etc. due to the shortage of corporate operating expenses, so even if receiving money from the injured party, there was no intention or ability to transfer

The Defendants received from the victimized party one million won around May 31, 2012, and KRW 18470,000 from June 4, 2012, respectively, as a corporate bank account in the name of G Co., Ltd.

On August 20, 2012, the Defendants sold 330 square meters of O forest in the development area to 65,010,000 square meters through the M of employees in charge of the said G, in the mutual influorous restaurant located in the ancient-si, Gosidong on August 20, 2012.

On July 13, 2012, the amount of KRW 39 million deposited in the purchase price of LA forest in Sung-si on July 13, 201.