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(영문) 서울중앙지방법원 2014.08.21 2013고단8068

사기등

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay compensation for KRW 15,034,695 to an applicant for compensation.

The above order shall be.

Reasons

Punishment of the crime

around June 2008, the defendant was the representative of E who was acting as a sales agent or a real estate transaction in Seocho-gu Seoul Metropolitan Government D Building 203.

1. Fraud;

A. On May 2008, the Defendant made a false statement to the effect that “G” in the office of “G” located in Seoul, Gangnam-gu, Seoul, the Defendant would establish a company and sell the unsold apartment at the price of 50-70% from June 2008, to the victim H (S, 47 years of age), victim I (n, 39 years of age), and victim J (n, 48 years of age). In order to establish a company, KRW 100 million is necessary to establish a company. The Defendant is required to pay KRW 15 million for the director’s position and 1.5 million as well as for the total amount of 10 million investment, and will pay KRW 10 million for the director’s position and 1.5 million as well as for the total amount of profit.”

However, even if the defendant received investments from the victims, he did not have any intention or ability to pay for the shares in the profit accrued from the unsold apartment sale business and the position of executive officers.

On June 2, 2008, the Defendant received KRW 5 million from the victim J to the post office account under the name of the Defendant as well as from July 16, 2008, the Defendant received KRW 39.5 million in total from the victims in the same way in the same way five times from the city in Seoul, as shown in Appendix I between July 16, 2008.

Accordingly, the defendant was provided property by deceiving victims.

B. Around June 2008, the Defendant made a false statement to the victim H, victim I, victim J, and victim K (the age of 45) at the above E office stating that “The investment amount is necessary to purchase a pre-sale apartment. When making an investment, 10% dividend of the invested amount will be paid. The Defendant will pay the principal and interest after three months.”

However, even if the defendant receives investments from the victims, he has left the proceeds from the unsold apartment sale business.