사기
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
However, this judgment is delivered against Defendant B.
Punishment of the crime
Defendants and G received 215 housing units (hereinafter referred to as “Gu housing units”) from the second to third above ground in J shopping mall located in Seoul Special Metropolitan City, Nowon-gu, Seoul, from the second to the third above ground (hereinafter referred to as “H”) and decided to pay proceeds through general sale. To this end, Defendants were discussed with the person in charge of H in charge of general sale, and they were unable to raise the sales price due to the lack of property and making it difficult for the Defendants to pay the down payment amount of 300 million won due to the lack of loans from financial institutions, with the knowledge that the 90-day period of 100 million won payment would be postponed until the down payment would have been paid.
Accordingly, at the end of April 2013, the Defendants concluded that, “The Defendants may purchase 6 - - - - - - - - - - - - - - - -- -- -- --- --- --- --- ---- --- --- ---- --- ---- --- --- --- --- --- --- ----
However, in fact, the Defendants and G did not have any funds to purchase J shopping mall 215 rooms equivalent to KRW 5.8 billion, and even if they received money from the damaged party, there was no intention or ability to sell the above 6 old accounts even if they did not receive money from the injured party in the name of the sale price.
As a result, the Defendants conspired with G to induce the victim as such and transferred five million won to the new bank account in the name of the Defendant A in terms of expenses incurred in running business around May 15, 2013.
Defendants and G were conspired and received total of KRW 200,000 from around that time to July 9, 2013 as shown in the list of crimes committed in attached Table six times.
Summary of Evidence
1. The Defendants’ respective legal statements
1. Witness K, K.