beta
(영문) 서울서부지방법원 2019.01.18 2018고단2217

사기

Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date of the final judgment, the above sentence against the Defendants is imposed.

Reasons

Punishment of the crime

[Criminal Power] On May 4, 2017, Defendant A was sentenced to imprisonment for six months with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) at the Seoul Northern District Court, and the said judgment became final and conclusive on May 12, 2017.

【Criminal Facts】

Defendant

A is the representative director of the management company in charge of a sales agency business, and the defendant AG is the internal director of the management company in charge of a sales agency business, and the defendant AG is the director of the management company in charge of the sales agency business.

around February 27, 2017, the Defendants made a false statement to the victim AI that “The victims’ AI will be able to have the right to substitute for the AH apartment sales agency in South-gu. It shall be allowed to deposit KRW 120 million in the name of the performance guarantee and to have the right to substitute for the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the Victim, and reported it to the Defendant A, and accordingly, on February 27, 2017.

However, the amount required for the performance guarantee for sale in lots was not 1.2 million won but 1.8 million won, and even if the above amount was received, there was no intent or ability to pay the said amount as a performance guarantee necessary for acquiring the right to substitute for the power to sell in lots. The Defendants intended to use the said money first for Defendant A’s personal debt repayment and business operation funds.

After all, the Defendants conspired to deception the victim, and acquired 120,000,000 won from the bank account in the name of MF on February 27, 2017.

Summary of Evidence

1. Each legal statement of a witness AI and AJ;

1. The full payment of an investment agreement and a cooperative member's contribution;