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(영문) 인천지방법원 2019.01.09 2018고단4900

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 25, 2018, the Defendant was sentenced to two years and six months of imprisonment and four years of suspended execution at Seoul High Court for fraud, etc., and the judgment became final and conclusive on November 9, 2018.

【Criminal Facts】

The defendant is a representative director of C and D Co., Ltd. in Nam-gu Incheon Metropolitan City, which is established for the purpose of real estate investment consulting, and is practically operating this two companies.

The Defendant and the above E did not purchase the ownership or the right to sell the above apartment in the name of the said corporation, or was delegated by the owner or buyer of the above apartment in the name of the said corporation, such as “G apartment”, “H apartment”, and “I apartment” located in Yeonsu-gu Incheon Metropolitan City.

In addition, the above corporations were established without funds invested by the defendant and E or acquired in capital locked, and there was no funds for the defendant or E to secure the ownership or right to sell the above apartment.

Accordingly, even if the defendant and the above E sell the above apartment complex to another person and receive money under the pretext of contract deposit, etc., they used the above E's existing repayment of debt, private use, operation funds of the above corporation, cost of purchasing goods in order to attract the victims, etc., and they used it to "frighting" to return the down payment such as apartment sale right, etc. to other investors who did not receive the right of sale, etc., which eventually did not intend to transfer the above apartment ownership or right of sale to the victims normally.

Nevertheless, the Defendant and E conspired to conclude a sales contract for the above apartment with the victim and receive the down payment, etc. by doing so as to sell the above apartment buildings purchased and held in a large quantity from the construction company as if they can sell the above apartment buildings at a lower price than the market price.

1. The Defendant, as well as the Defendant on August 2016.