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(영문) 서울동부지방법원 2013.10.02 2013고단1075

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The defendant is a person who operates D Co., Ltd., the main business of which is real estate brokerage in Gangnam-gu Seoul Metropolitan Government 504.

1. Around June 24, 2009, the Defendant stated that “If the Defendant purchases the land located in In In In Mancheon-gun Group H from the vice president office of G Co., Ltd. working for the victim F (the age of 61) located in Gangseo-gu Seoul Metropolitan Government, the Defendant would purchase the money from the Defendant for the consideration of the purchase of the money from which the price is much less than twice the amount of profit.”

However, in fact, the defendant did not have any revenue due to the business of his company, and there was no other property, and there was no intention or ability to purchase real estate, even if he received money from the defendant, even if he received money from the defendant due to the transaction price of real estate and the expenses of office operation, he did not have any intention or ability to purchase the real estate.

As above, the Defendant, by deceiving the victim as above, received KRW 80 million from the victim to the national bank account under the name of the Defendant, and received KRW 17.5 million in total from June 24, 2009 to October 22, 2009, under the name of funds for purchasing real estate, expenses for purchasing real estate, expenses for purchasing land, expenses for returning land, etc., and received KRW 17.5 million from June 24, 2009 to October 22, 2009.

2. On December 7, 2009, the Defendant made a false statement to the victim I (the age of 51) at the D office of the said D Co., Ltd., stating, “The Defendant may obtain gains from KRW 500,000 won per square year after six months after purchasing the 250 square meters of the JJ forests and fields in the Reinforcement-gun,” and subsequently, the Defendant would obtain gains from the victim I (the age of 51). It later would accept the registration of division, thereby purchasing the purchase price

However, in fact, the Defendant did not have any revenue due to the poor business of D, and the office rent is smuggling with the absence of other assets, and even if the Defendant receives money from the victim when the amount of money was incurred due to the real estate transaction cost and the office operating expenses.