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(영문) 춘천지방법원 원주지원 2019.05.01 2018고단1362

사기

Text

Defendant

A Imprisonment with prison labor for two years and for eight months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a building C and a dispute resolution committee in subparagraph D at the prime city.

On January 9, 2018, the Defendant, at the above office, delegated the Victim F with the authority to construct and sell the above land to H on seven lots, including Jeonnam-gun-gun G, etc. The electricity generation business license for the above land was already implemented, and it is expected to be permitted on February 2, 2018. A total of KRW 2,150,000,000,000, and entered into a contract with the said solar power plant to sell the above solar power plant to H for the purpose of selling part of the land as the price for the purchase and sale of the above solar power plant, and made a false statement to the said H, stating, “The power generation business license for the above land is already implemented, and is scheduled to be permitted on or around February 2018.”

However, in fact, the Defendant was under negotiation on the construction and sale of solar power plants with the above H, and did not have been delegated with the authority to sell it from H, and was planned to use the down payment received from the victim for a purpose unrelated to the above business without delivering it to H, and thus did not have the intent or ability to allow the victim to sell the above solar power plant in lots.

The Defendant, by deceiving the victim as above, received KRW 165 million from the victim, under the name of the said company, as the down payment, from the victim, to the I Bank account in the name of the said company.

2. Defendant B served as the so-called “surler” who connects solar power plant sellers and buyers with each other, such as the Gyeonggi Kimpo-si K Building and L with “M” in Gyeonggi Kimpo-si.

On January 4, 2018, the Defendant would allow the Victim F to sell a solar power plant that is scheduled to be developed on seven lots, such as Jeonnam-gun G, Y, etc., to the victim F within the above office.

If consulting and service contract is concluded and the service price is paid, the price shall be negotiated with the owner of the project site.