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(영문) 서울중앙지방법원 2015.05.27 2014고단2322

사기

Text

Defendant

A Imprisonment for eight months, each of the defendants B and C shall be punished by a fine of two thousand won.

Defendant

B and C, respectively.

Reasons

Punishment of the crime

around October 19, 2012, the Defendant stated to the effect that, “Around October 19, 2012, the Defendant would ensure a high investment value as a result of the purchase of 300 square meters among the forests and fields H in Chuncheon City,” the Defendant’s employees’ name in boxes of the said company’s F building at the (ju)G office located in Seocho-gu Seoul Metropolitan Government F building 501. The Defendant said to the effect that “If there is a high-class H forest in Chuncheon City, and if there is a 300 square meters among them, the value would be linked to several times.”

However, on July 20, 2012, the Defendant entered into a sales contract to purchase five forest lots, including Chuncheon, H, J, K, and L, in the name of the said company, from the owner of five forest lots, and paid only the down payment of KRW 40 million around November 20, 2012. However, the Defendant paid the remainder of KRW 360 million on or around November 20, 2012. However, due to the lack of any particular funds, the Defendant’s pressure to borrow funds in the name of the Defendant for the purpose of paying the amount equivalent to KRW 30 million per month, such as building rents and salaries for employees necessary for the operation of the said company. Therefore, even if the Defendant received the payment of the purchase amount from the victim, he/she did not have any intent or ability to transfer ownership, or to transfer the said H’s equity shares.

Nevertheless, the Defendant, as such, by deceiving the victim, received 4.2 million won as the down payment pursuant to the 200 ordinary sale and purchase contract among the above H forests from the victim, and received 37.8 million won as the deposit account (M) bank in the name of the Bank in Korea, around October 31, 2012.

Accordingly, the defendant acquired a total of KRW 42 million from the victim.

Defendant A (Defendant A, B, and C) is the president of the GG having the real estate sales business purpose, Defendant B is the head of the said company, Defendant C is the managing director of the said company, and the Defendants C is the managing director of the said company. The Defendants were under pressure on funds due to the lack of operating expenses of the said company.