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(영문) 대구지방법원 2015.10.16 2015고단2832
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On November 10, 2011, the Defendant was sentenced to imprisonment with prison labor for five years and a fine of 300 million won for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) by the Daegu High Court, and the judgment became final and conclusive on February 9, 2012.

The Defendant is the actual representative of D Co., Ltd. (hereinafter “D”) established for the Daegu C market improvement project, and E, as an investor of the above company, actually engaged in the business related to the above company and conspired to acquire money as the price for sale by means of fraud to the victim F, who is an E, as the financial situation of the above company has deteriorated.

1. According to the above public offering, on April 2010, the Defendant and E obtained the Defendant’s right to vicariously sell the entire commercial buildings to be redevelopmentd and sold by the redevelopment business owner at the location, such as Daegu-gu Gagra 301, etc., and falsely concluded that “D obtained the right to vicariously sell the entire commercial buildings to be sold by another sales agency before being entrusted with the entire sale of the commercial buildings by the sales agency, it may sell the commercial buildings at a good location, and if the commercial buildings are sold in lots, it may be punished for money to be sold in lots after the next.” The Defendant and E made a false statement that “The four units will not be damaged.”

However, in fact, the defendant and E had the idea of financing from the victim, and D did not have the right to vicariously sell the whole commercial buildings from the redevelopment business owner, so there was no intention or ability to sell commercial buildings as agreed to by the victim.

As above, the Defendant and E conspired with the victim to deception the victim, and they were transferred from the victim a total of KRW 100 million on April 26, 2010, KRW 30 million on April 30, 2010, KRW 20 million on May 11, 2010, KRW 20 million on May 13, 2010, KRW 25 million on May 13, 2010, and KRW 100 million on May 17, 2010.

2. According to the above public offering, the Defendant and E are prohibited from growing money to promote the project at the victim’s location, such as the IP located in the Daegu Suwon-gu H around June 2010.

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