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(영문) 전주지방법원 남원지원 2018.09.11 2018고단45
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On September 2008, the criminal defendant against the victim B had three apartment buildings with the inside of the apartment construction and the repayment of the substitute payment in lieu of the construction cost. The defendant would sell the apartment to the victim B at a lower price than the market price.

If 180,000,000 won is paid in full as of 32 square meters, it will be ordered to transfer the name after two years.

“The phrase “ was false.”

However, in fact, the Defendant did not perform the construction of the above apartment and did not intend to receive apartment due to the repayment of the substitute, so even if he received the purchase price from the injured party, he did not have the intent or ability to transfer the ownership of the apartment to the injured party.

As above, the Defendant: (a) by deceiving the victim; (b) delivered KRW 5 million in cash from the victim as the down payment around October 2, 2008; (c) received KRW 15 million from the G bank account (Account Number Non) in the name of the F bank designated by the Defendant; and (d) deposited KRW 7 million in the H post office account (I) in the name of H; and (b) received KRW 82,340,000 in total from around that time until December 23, 2009, as shown in the attached Table of Crimes List (1), from around 10 times in total.

2. On May 5, 2009, the Defendant against the victim J seeks to issue stocks and list them at the “L real estate office” office located in K at the time of the Government-si on May 5, 2009.

In order to purchase shares at the present time, there was a false statement that the large amount of profit from the market when listing shares in the stock market falls and the dividend would fall short of the stock market.

However, the Defendant did not have any intention or ability to transfer the shares of the company, even if he received money from the injured party, since the Defendant did not have established the company of the eco-friendly excreta treatment facilities.

The defendant deceivings the victim as above, and thereby his deceivings the victim to purchase shares around May 15, 2009.

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